Legislation (Wales) Act 2019
An Act of the National Assembly for Wales to promote the accessibility of Welsh law; to provide for the interpretation and operation of Welsh legislation; and for connected purposes.
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:
PART 1ACCESSIBILITY OF WELSH LAW
1Duty to keep accessibility of Welsh law under review
(1)
The Counsel General must keep the accessibility of Welsh law under review.
(2)
In this Part, the “accessibility” of Welsh law means the extent to which it is—
(a)
readily available to members of the public in Welsh and English;
(b)
published in an up-to-date form in both languages (showing whether enactments are in force and incorporating any amendments made to them);
(c)
clearly and logically organised (both within and between enactments);
(d)
easy to understand and certain in its effect.
(3)
In this Part, “Welsh law” means—
(a)
F1Acts of Senedd Cymru and Assembly Measures;
(b)
subordinate legislation made under F1Acts of Senedd Cymru and Assembly Measures;
(c)
any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38), so far as it applies in relation to Wales;
2Programme to improve accessibility of Welsh law
(1)
The Welsh Ministers and the Counsel General must prepare a programme setting out what they intend to do to improve the accessibility of Welsh law.
(2)
A programme must be prepared for each term of F4Senedd Cymru that begins after this section comes into force.
(3)
The programme must include proposed activities that are intended to—
(a)
contribute to an ongoing process of consolidating and codifying Welsh law;
(b)
maintain the form of Welsh law (once codified);
(c)
promote awareness and understanding of Welsh law;
(d)
facilitate use of the Welsh language;
F5(e)
resolve any ambiguities, and correct any errors, in Welsh law.
(4)
The programme may also include proposed activities—
(a)
that may be undertaken in collaboration with the Law Commission (in accordance with the Law Commissions Act 1965 (c. 22)), or
(b)
of any other kind the Welsh Ministers and the Counsel General consider appropriate.
(5)
The Counsel General must lay a copy of the programme before F6Senedd Cymru within 6 months of the appointment of a First Minister after a general election held under Part 1 of the Government of Wales Act 2006 (c. 32).
(6)
The Welsh Ministers and the Counsel General may at any time revise the programme, and if they do so the Counsel General must lay a copy of the revised programme before F7Senedd Cymru.
(7)
The Counsel General must report annually to F8Senedd Cymru on progress made under the programme.
(8)
In subsection (3), codifying Welsh law includes—
(a)
adopting a structure for Welsh law that improves its accessibility;
(b)
organising and publishing consolidated Welsh law according to that structure.
PART 2INTERPRETATION AND OPERATION OF WELSH LEGISLATION
Application and effect of Part
3Legislation to which this Part applies
(1)
This Part applies to—
(a)
this Act;
(c)
Welsh subordinate instruments that are made on or after F101 January 2020.
(2)
“Welsh subordinate instrument” means an instrument (whether or not that instrument is a F11Welsh statutory instrument or statutory instrument) containing only one or both of the following—
(a)
subordinate legislation that is made under an F3Act of Senedd Cymru or an Assembly Measure, whether by the Welsh Ministers or by any other person;
(b)
subordinate legislation that—
(i)
is made under an Act of the Parliament of the United Kingdom or F12assimilated direct legislation,
(ii)
is made only by the Welsh Ministers or any other devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32)), and
(iii)
applies only in relation to Wales.
F13(3)
References in this Part to an Act of Senedd Cymru are (unless otherwise provided) references to an Act of Senedd Cymru to which this Part applies by virtue of subsection (1).
(3A)
References in this Part to a Welsh subordinate instrument are (unless otherwise provided) references to the subordinate legislation contained in a Welsh subordinate instrument to which this Part applies by virtue of subsection (1).
F14(4)
In relation to subordinate legislation that relates to fishing, fisheries or fish health and is made after section 45 of the Fisheries Act 2020 (c. 22) comes into force, the reference in subsection (2)(b)(iii) to Wales includes the area of the Welsh zone beyond the seaward limits of the territorial sea.
4Effect of provisions in this Part
(1)
Where this Part applies to an F3Act of Senedd Cymru or a Welsh subordinate instrument, the provisions in this Part have effect in relation to the Act or instrument except so far as—
(a)
express provision is made to the contrary, or
(b)
the context requires otherwise.
(2)
The exception in subsection (1) does not apply to section 5 (equal status of texts of bilingual legislation).
(3)
Paragraph (b) of that exception does not apply to—
(a)
section 10 (references to time of day);
(b)
section 28 (application of Welsh legislation to the Crown);
(c)
section 33 (repeals and revocations do not revive law previously repealed, revoked or abolished).
Bilingual Welsh legislation
5Equal status of Welsh and English language texts
(1)
This section applies where an F3Act of Senedd Cymru is enacted, or a Welsh subordinate instrument is made, in Welsh and English.
(2)
The Welsh language text and the English language text have equal status for all purposes.
Meaning of words and expressions used in Welsh legislation
6Definitions of words and expressions
(1)
Words and expressions listed in the Table in Schedule 1 are to be interpreted according to that Table where they appear in an F3Act of Senedd Cymru or a Welsh subordinate instrument.
(2)
The Welsh Ministers may by regulations amend Schedule 1 to—
(a)
insert new definitions of words or expressions;
(b)
remove definitions of words or expressions;
(c)
amend definitions of words or expressions.
(3)
Regulations under subsection (2) may make supplementary, incidental, consequential, transitory, transitional or saving provision, which may include provision which amends, repeals, revokes or otherwise modifies any enactment (whenever enacted or made).
7Words in the singular include the plural and vice versa
In an F3Act of Senedd Cymru or a Welsh subordinate instrument—
(a)
words in the singular include the plural;
(b)
words in the plural include the singular.
8Words denoting a gender are not limited to that gender
In an F3Act of Senedd Cymru or a Welsh subordinate instrument, words denoting persons of a particular gender are not to be read as limited to persons of that gender.
9Variations of a word or expression due to grammar etc.
Where a word or expression in an F3Act of Senedd Cymru or a Welsh subordinate instrument is given a meaning by an enactment, other parts of speech and grammatical forms or modifications of the word or expression are to be interpreted in accordance with that meaning.
10References to time of day
A reference to the time of day in an F3Act of Senedd Cymru or a Welsh subordinate instrument is a reference to Greenwich mean time; but this is subject to section 3 of the Summer Time Act 1972 (c. 6) (points of time during the period of summer time).
11References to the Sovereign
A reference to the Sovereign in an F3Act of Senedd Cymru or a Welsh subordinate instrument is to be read as a reference to the Sovereign for the time being.
12Measurement of distance
A reference to a distance in an F3Act of Senedd Cymru or a Welsh subordinate instrument is a reference to that distance measured in a straight line on a horizontal plane.
F15Laying documents before Senedd Cymru
12AMeaning of references to laying documents before Senedd Cymru
(1)
This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires the laying of any document (including a Welsh statutory instrument) before Senedd Cymru.
(2)
The reference to laying the document is a reference to taking the action specified in relation to laying a document before Senedd Cymru in the standing orders of the Senedd.
Service of documents by post or electronically
13Service of documents by post or electronically
(1)
Where an F3Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document by post on another person (“B”), A serves the document if A properly addresses, pre-pays and posts a letter containing the document to B.
(2)
Where an F3Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document electronically on another person (“B”), A serves the document if—
(a)
A properly addresses and sends to B an electronic communication consisting of or containing the document, or to which the document is attached, and
(b)
the document is sent in an electronic form which is capable of being accessed and retained by B.
(3)
14Day on which service is deemed to be effected
Where a document is served by post or electronically under an F3Act of Senedd Cymru or a Welsh subordinate instrument, service is deemed to be effected, unless the contrary is proved—
(a)
in the case of a document served by post, on the day on which the letter containing the document would arrive in the ordinary course of post;
(b)
in the case of a document served electronically, on the day on which the electronic communication is sent.
Powers and duties
15Continuity of powers and duties
(1)
A power conferred by an F3Act of Senedd Cymru or a Welsh subordinate instrument may be exercised on more than one occasion.
(2)
A duty imposed by an F3Act of Senedd Cymru or a Welsh subordinate instrument is continuous and must be performed as occasion requires.
(3)
Where a power is conferred or a duty is imposed by an F3Act of Senedd Cymru or a Welsh subordinate instrument on the holder of an office, it is to be exercised by the holder for the time being of the office.
16Exercise of a power or duty that is not in force
(1)
This section applies where a power or duty is conferred or imposed—
F18(a)
by a provision in an Act of Senedd Cymru which does not come into force on the day on which the Act receives Royal Assent or the following day, or
(b)
by a provision in a Welsh subordinate instrument which does not come into force immediately on the instrument being made.
(2)
The power or duty may be exercised (and any instrument made under the power or duty may come into force) during the period—
(b)
ending when the provision conferring the power or imposing the duty comes into force.
(3)
But during that period the power or duty may be exercised only so far as is necessary or expedient for the purpose of giving full effect to—
(b)
a provision in that Act or instrument,
at or after the time when the Act, instrument or provision comes into force.
F23(3A)
Subsection (3) does not apply to the exercise of a power or duty to make subordinate legislation unless the subordinate legislation is to come into force before the provision conferring the power or imposing the duty.
(4)
Where a provision in an F3Act of Senedd Cymru or a Welsh subordinate instrument which is not in force—
(a)
is incidental or supplementary to a power or duty exercised in accordance with this section, and
(b)
comes into force other than by order or regulations,
that provision is to be treated as being in force so far as is necessary for the exercise of the power or duty in accordance with this section.
(5)
F26(6)
In subsection (1), the references to a provision in an Act of Senedd Cymru or a Welsh subordinate instrument include a provision that amends another enactment.
(7)
Where a provision in an Act of Senedd Cymru or a Welsh subordinate instrument confers or imposes a power or duty by amending another enactment, the references to an Act or instrument in subsections (3)(a) and (b), (4) and (5) include the other enactment as amended.
17Inclusion of sunset provisions and review provisions in subordinate legislation
(1)
A power or duty to make subordinate legislation conferred or imposed by an F3Act of Senedd Cymru may be exercised so that the subordinate legislation contains a review provision or a sunset provision (or both).
(2)
In this section—
(a)
“review provision” means a provision requiring the person who made the subordinate legislation to review the effectiveness of that legislation, or of any Welsh subordinate instrument it amends, within a specified period or at the end of a specified period;
(b)
“sunset provision” means a provision for the subordinate legislation, or any Welsh subordinate instrument it amends, to cease to have effect at the end of a specified day or specified period;
(c)
“specified” means specified in the subordinate legislation.
(3)
A review provision may, among other things, require a review of whether the objectives of the subordinate legislation to which it applies remain appropriate and, if so, whether they could be achieved in another way.
(4)
The subordinate legislation containing the review provision or sunset provision may provide that the provision applies generally or only in relation to specified provisions of subordinate legislation or specified cases or circumstances.
(5)
The power to make the review provision or sunset provision may be exercised to make supplementary, incidental, consequential, transitory, transitional or saving provision in connection with the review provision or sunset provision.
18Revoking, amending and re-enacting subordinate legislation
(1)
A power to make subordinate legislation conferred by an F3Act of Senedd Cymru may be exercised to amend, revoke or re-enact any subordinate legislation made under the power.
(2)
A duty to make subordinate legislation imposed by an F3Act of Senedd Cymru includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) which may be exercised to amend, revoke and replace, or re-enact any subordinate legislation made under the duty (or under the power provided by this subsection).
19Amendment of subordinate legislation by an F3Act of Senedd Cymru
The amendment or revocation of subordinate legislation by an F3Act of Senedd Cymru does not limit or otherwise affect the power or duty under which the subordinate legislation was made.
20Varying and withdrawing directions
(1)
A power to give directions conferred by an F3Act of Senedd Cymru or a Welsh subordinate instrument may be exercised to vary or withdraw any directions given under the power.
(2)
A duty to give directions imposed by an F3Act of Senedd Cymru or a Welsh subordinate instrument includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) to vary, or withdraw and replace, any directions given under the duty.
References in Welsh legislation to legislation and other documents
21References to portions of enactments, instruments and documents
(1)
Where an F3Act of Senedd Cymru or a Welsh subordinate instrument—
(a)
describes or refers to a portion of any enactment, instrument or document, and
(b)
does so by referring to words, sections or other parts from or to which (or from and to which) the portion extends,
the portion includes the words, sections or other parts referred to.
(2)
In subsection (1), “enactment” includes an enactment which is, or is contained in, any of the following—
(a)
an Act of the Scottish Parliament;
(b)
Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30));
F27(ba)
a Measure of the Church Assembly or of the General Synod of the Church of England;
(c)
an instrument made under legislation mentioned in paragraph (a) F28, (b) or (ba).
22Edition of F3Act of Senedd Cymru or Assembly Measure referred to
(1)
(2)
The reference is a reference to the certified copy F29of the official print of the Act, or to the Measure as approved, which is published—
(a)
by the F30King’s Printer for Wales, or
(b)
under the superintendence or authority of F31His Majesty’s Stationery Office.
23Edition of Act of the Parliament of the United Kingdom referred to
(1)
This section applies where an F3Act of Senedd Cymru or a Welsh subordinate instrument refers to an Act of the Parliament of the United Kingdom (whether by its short title or by year, statute, session or chapter).
(2)
The reference is a reference to the Act as enacted which is published—
(a)
by the F32King’s Printer of Acts of Parliament, or
(b)
under the superintendence or authority of F33His Majesty’s Stationery Office.
(3)
But—
(a)
where the reference is to an Act included in a revised edition of the statutes printed by authority, the reference is a reference to that edition;
(b)
where paragraph (a) does not apply and the reference is to an Act included in the edition prepared under the direction of the Record Commission, the reference is a reference to that edition.
24References to direct EU legislation retained in domestic law after EU exit
(1)
This section applies where—
(a)
(b)
the Act or instrument refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement that forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) F35or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) (incorporation of direct EU legislation).
(2)
The reference is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law (and not as it forms part of EU law).
F36(2A)
But this is subject to section 25A (references to relevant separation agreement law).
(3)
In this section, the following expressions have the meanings given by section 20(1) of the European Union (Withdrawal) Act 2018—
“domestic law”;
“EU decision”;
“EU regulation”;
“EU tertiary legislation”.
25References to enactments are to enactments as amended
(1)
This section applies where—
(a)
an F3Act of Senedd Cymru or a Welsh subordinate instrument refers to an enactment (“A”), and
(2)
The reference to A is a reference to A as amended, extended or applied by B.
(3)
Nothing in sections 22 to 24 limits the operation of this section.
(4)
In subsection (1), “enactment” includes an enactment which is, or is contained in, any of the following—
(a)
an Act of the Scottish Parliament;
(b)
Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30));
F39(ba)
a Measure of the Church Assembly or of the General Synod of the Church of England;
(c)
an instrument made under legislation mentioned in paragraph (a) F40, (b) or (ba).
F4125A.References to relevant separation agreement law
(1)
This section applies where—
(a)
an Act of Senedd Cymru receives Royal Assent, or a Welsh subordinate instrument is made, on or after implementation period completion day, and
(b)
the Act or instrument refers to any treaty relating to the EU, or any instrument or other document of any EU entity, which has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (c. 16) (general implementation of remainder of EU withdrawal agreement etc.).
(2)
The reference is, so far as required for the purposes of relevant separation agreement law, a reference to the treaty, instrument or document as it has effect by virtue of that section (including, so far as required, as it has effect from time to time).
(3)
In this section—
“EU entity” (“endid o’r UE”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;
“relevant separation agreement law” (“cyfraith berthnasol y cytundebaugwahanu”) has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018;
“treaty” (“cytuniad”) includes any international agreement (and any protocol or annex to a treaty or international agreement).
26References to F42certain EU instruments
(1)
This section applies where—
(a)
an F3Act of Senedd Cymru or a Welsh subordinate instrument refers to an EU instrument (“A”), and
(2)
The reference to A is a reference to A as amended, extended or applied by B.
(3)
See also F45paragraph 2A of Schedule 8 to the European Union (Withdrawal) Act 2018 (c.16) F46... .
Duplication of criminal offences
27Duplicated offences
(1)
Where an act or omission is an offence under an F3Act of Senedd Cymru or Welsh subordinate instrument (“A”) and is also an offence—
(a)
under an F3Act of Senedd Cymru or Welsh subordinate instrument other than A,
(b)
at common law, or
(c)
under an F3Act of Senedd Cymru or Welsh subordinate instrument other than A and at common law,
a person is liable to be prosecuted and punished under either or any of those Acts or instruments or at common law, but cannot be punished more than once for the same offence.
(2)
Subsection (1) does not apply if the act or omission is also an offence under any legislation to which section 18 of the Interpretation Act 1978 (c. 30) applies (but that section makes corresponding provision in relation to such an act or omission).
Application to the Crown
28Application of Welsh legislation to the Crown
(1)
An F3Act of Senedd Cymru binds the Crown.
(2)
A Welsh subordinate instrument binds the Crown so far as it is made under an enactment which binds the Crown or confers a power to make provision binding the Crown.
(3)
An F3Act of Senedd Cymru or a Welsh subordinate instrument does not make the Crown criminally liable, but it applies to persons in the service of the Crown as it applies to other persons.
Coming into force of legislation
29Time when Welsh legislation comes into force
Where—
(a)
an F3Act of Senedd Cymru or a Welsh subordinate instrument, or
(b)
a provision in an F3Act of Senedd Cymru or a Welsh subordinate instrument,
comes into force on a day provided for in an enactment, the Act, instrument or provision comes into force at the beginning of that day.
30Day on which an F3Act of Senedd Cymru comes into force
31Orders and regulations bringing F1Acts of Senedd Cymru into force
Where an F3Act of Senedd Cymru provides for an order or regulations to appoint—
(a)
the day on which the Act comes into force, or
(b)
the day on which a provision in the Act comes into force,
the order or regulations may appoint different days for different purposes.
Amendment, repeal and revocation of legislation
32Amendments made to or by Welsh legislation
(1)
Where an enactment amends an F3Act of Senedd Cymru or a Welsh subordinate instrument by inserting or substituting words or other material, the words or material have effect as part of that Act or instrument.
(2)
Where an F3Act of Senedd Cymru or a Welsh subordinate instrument amends an enactment by inserting or substituting words or other material, the words or material have effect as part of that enactment.
(3)
33Repeals and revocations do not revive law previously repealed, revoked or abolished
Where—
(a)
an F3Act of Senedd Cymru or a Welsh subordinate instrument repeals or revokes an enactment (“A”), and
(b)
A previously repealed or revoked any other enactment (“B”) or abolished any other rule of law (“C”),
the repeal or revocation of A does not revive B or C.
34General savings in connection with repeals and revocations
(1)
This section applies where an F3Act of Senedd Cymru or a Welsh subordinate instrument repeals or revokes an enactment.
(2)
The repeal or revocation does not—
(a)
revive anything that is not in force or existing at the time when the repeal or revocation takes effect;
(b)
affect the previous operation of the enactment or anything done or suffered under the enactment.
(3)
The repeal or revocation also does not affect—
(a)
any right, privilege, obligation or liability acquired, accrued or incurred under the enactment;
(b)
any penalty, forfeiture or punishment incurred in respect of any offence committed under the enactment;
(c)
any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repeal or revocation had not occurred.
35Effect of re-enactment
(1)
This section applies where an enactment (“A”) is—
(a)
repealed or revoked by an F3Act of Senedd Cymru or a Welsh subordinate instrument, and
(b)
re-enacted (with or without modification) by an enactment (“B”) which is, or is contained in, an F3Act of Senedd Cymru or a Welsh subordinate instrument.
(2)
A reference to A in any enactment, instrument or document is to be read as (or as including) a reference to B.
(3)
So far as any subordinate legislation made under A or having effect as if it were made under A could have been made under B, it is to have effect as if made under B.
(4)
So far as anything done or having effect as if it were done under A could have been done under B, it is to have effect as if done under B.
F48(5)
Subsection (3) does not cause section 28 to have effect in relation to any subordinate legislation where it did not previously have effect.
36F49Referring to an Act of Senedd Cymru or Welsh subordinate instrument after repeal or revocation
F50(1)
An F3Act of Senedd Cymru may continue to be referred to by the short title conferred on it by an enactment despite the repeal of that enactment.
F51(2)
A Welsh subordinate instrument may continue be referred to by its title despite the revocation of the instrument.
37F52Interpretation of provisions about amendment, repeal and revocation in this Part
(1)
In this Part, references to repealing or revoking an enactment or abolishing a rule of law include—
(a)
substituting anything for the enactment or rule (or for any part of it);
(b)
limiting the application or effect of the enactment or rule;
(c)
providing for the enactment or rule to cease to have effect.
(2)
For the purposes of sections 34 to 36 (but not section 33)—
(a)
(b)
the expiry of a temporary Welsh subordinate instrument is to be treated as a revocation of the instrument by an F3Act of Senedd Cymru or a Welsh subordinate instrument.
F53(3)
In sections 32 to 35, and in subsection (1) as it applies for the purposes of those sections, “enactment includes an enactment that is, or is contained in, a Measure of the Church Assembly or of the General Synod of the Church of England or an instrument made under such a Measure.
PART 2AF54PROCEDURE FOR MAKING WELSH SUBORDINATE LEGISLATION
Introduction
37AWelsh statutory instruments
(1)
A “Welsh statutory instrument” is a document that contains Welsh subordinate legislation made in the exercise of a power that is required by an enactment to be exercised by statutory instrument.
(2)
In subsection (1), “Welsh subordinate legislation” means subordinate legislation that is made only by—
(a)
the Welsh Ministers, or
(b)
any other devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).
(3)
The reference in subsection (1) to an enactment requiring a power to be exercised by statutory instrument includes an enactment requiring a power to be exercised by Welsh statutory instrument.
(4)
The reference in subsection (2)(a) to the Welsh Ministers includes the National Assembly for Wales as constituted by the Government of Wales Act 1998 (c. 38).
37BInterpretation
(1)
This section applies for the purposes of this Part and Part 2B.
(2)
The “responsible authority” in relation to subordinate legislation contained in a Welsh statutory instrument is—
(a)
the Welsh Ministers in a case where the subordinate legislation is made, confirmed or approved by the Welsh Ministers, the First Minister or the Counsel General;
(b)
in any other case, the person who makes the subordinate legislation.
(3)
Except in subsection (2) and sections 37D(6) and 37E(9), references to subordinate legislation being made by Welsh statutory instrument include subordinate legislation being confirmed or approved by Welsh statutory instrument.
(4)
A decision of a responsible authority whether to classify a Welsh statutory instrument as a local instrument is to be made according to the extent to which the subordinate legislation contained in the instrument—
(a)
is of general application, or
(b)
is limited in its application to a particular area, or to particular individuals or persons.
Senedd subordinate legislation procedures
37CSenedd approval procedure
(1)
This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd approval procedure”.
(2)
The subordinate legislation may not be made unless a draft of the Welsh statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.
37DSenedd confirmation procedure
(1)
This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd confirmation procedure”.
(2)
The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made.
(3)
But the subordinate legislation contained in the Welsh statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—
(a)
a period specified in the enactment ends, or
(b)
an event specified in the enactment occurs.
(4)
Where the subordinate legislation ceases to have effect under subsection (3)—
(a)
in so far as the subordinate legislation is not in force when it ceases to have effect, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),
(b)
in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and
(c)
the responsible authority must, by order, revoke the subordinate legislation.
(5)
But this does not affect—
(a)
the validity of anything previously done under the subordinate legislation, or
(b)
the making of new subordinate legislation.
(6)
An order under subsection (4)(c) is to be made by Welsh statutory instrument.
37ESenedd annulment procedure
(1)
This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd annulment procedure”.
(2)
The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and subsection (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the subordinate legislation comes into force.
(3)
Senedd Cymru may, before the end of the 40 days beginning with the date on which the Welsh statutory instrument is laid before it, resolve that the subordinate legislation contained in the instrument be annulled.
(4)
Where the subordinate legislation is annulled—
(a)
in so far as the subordinate legislation is not in force on the date of the resolution, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),
(b)
in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and
(c)
the responsible authority must, by order, revoke the subordinate legislation.
(5)
But this does not affect—
(a)
the validity of anything previously done under the subordinate legislation, or
(b)
the making of new subordinate legislation.
(6)
If this subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh statutory instrument was not laid at least 21 days before the subordinate legislation contained in it came into force.
(7)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
(8)
In calculating the period of 21 days mentioned in subsection (2), or the period of 40 days mentioned in subsection (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.
(9)
An order under subsection (4)(c) is to be made by Welsh statutory instrument.
37FOther Welsh statutory instruments to be laid before Senedd Cymru
(1)
This section applies where an enactment conferring a power to make subordinate legislation by Welsh statutory instrument does not provide that the legislation is subject to—
(a)
the Senedd approval procedure,
(b)
the Senedd confirmation procedure, or
(c)
the Senedd annulment procedure.
(2)
But it does not apply where the subordinate legislation is—
(a)
made by Welsh statutory instrument classified by the responsible authority as a local instrument,
(b)
subject to special Senedd procedure, or
(c)
made under an enactment specified by the Welsh Ministers by regulations.
(3)
The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made; and subsection (4) applies if the instrument is not laid before the subordinate legislation comes into force.
(4)
If this subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh statutory instrument was not laid before the subordinate legislation contained in it came into force.
(5)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
(6)
In sub-section (2)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.
37GCombining subordinate legislation subject to different Senedd procedures
(1)
This section applies where the responsible authority makes, or proposes to make, subordinate legislation by Welsh statutory instrument that would otherwise be subject to two or more different Senedd procedures.
(2)
The Senedd procedure that is mentioned first in subsection (3) applies and none of the other Senedd procedures apply.
(3)
The Senedd procedures are—
(a)
the Senedd approval procedure (see section 37C);
(b)
the Senedd confirmation procedure (see section 37D);
(c)
the Senedd annulment procedure (see section 37E);
(d)
the requirement (only) to lay the Welsh statutory instrument before Senedd Cymru after the subordinate legislation is made (see section 37F).
(4)
If the responsible authority has made subordinate legislation in a Welsh statutory instrument to which subsection (1) applies, this does not—
(a)
prevent it from making further subordinate legislation in a Welsh statutory instrument to which that subsection does not apply, or
(b)
affect the Senedd procedure that applies to the subordinate legislation contained in such an instrument.
Existing powers to make subordinate legislation subject to parliamentary procedure
37HApplication of this Part in different circumstances
(1)
Schedule 1A applies provisions of this Part to subordinate legislation made by statutory instrument under an enactment enacted or made before this Part is in force.
(2)
Schedule 1B applies provisions of this Part, with modifications, to subordinate legislation made by the Welsh Ministers and another person other than a devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).
(3)
Schedule 1C applies provisions of this Part, with modifications, to Orders in Council made by statutory instrument.
F55PART 2BPUBLICATION ETC. OF WELSH LEGISLATION
Introduction
37IThe King’s Printer for Wales
The King’s Printer of Acts of Parliament is to exercise the functions conferred by this Part on the King’s Printer for Wales in respect of Acts of Senedd Cymru, Welsh statutory instruments and related documents.
Preservation and publication of Acts of Senedd Cymru
37JNumbering of Acts of Senedd Cymru
(1)
Acts of Senedd Cymru are to be numbered in relation to each calendar year—
(a)
consecutively (starting with number 1),
(b)
in the order in which, during that year, the Bill for each Act received Royal Assent, and
(c)
using the prefix “asc”.
(2)
Accordingly, on each copy of an Act of Senedd Cymru on which the Clerk of the Senedd writes the Royal Assent date of that Act (in accordance with section 115(5) of the Government of Wales Act 2006 (c. 32)), the Clerk must also write—
(a)
the calendar year in which the Bill for that Act received Royal Assent, and
(b)
the prefix and number of that Act.
(3)
The calendar year, prefix and number written on the copy of the Act form part of the Act.
37KOfficial prints and certified copies of Acts of Senedd Cymru
(1)
The copy of an Act of Senedd Cymru on which the Clerk of the Senedd writes the Royal Assent date, the calendar year, prefix and number is to be known as the “official print” of the Act.
(2)
The Clerk of the Senedd must—
(a)
make a copy of the official print and certify it as a true copy, and
(b)
send—
(i)
the official print to the National Library of Wales, and
(ii)
the certified copy of the official print to the King’s Printer for Wales.
(3)
The certified copy of the official print of an Act may be in electronic form.
37LPreservation of Acts of Senedd Cymru
The National Library of Wales must ensure that an official print of an Act of Senedd Cymru received by it—
(a)
is preserved, and
(b)
is available for public inspection at all reasonable times.
37MPublication of Acts of Senedd Cymru
(1)
The King’s Printer for Wales must publish the certified copy of the official print of an Act of Senedd Cymru as soon as practicable after receiving it.
(2)
The King’s Printer for Wales must also publish, as soon as practicable after receiving it, any document related to the certified copy of the official print of an Act of Senedd Cymru that—
(a)
the Clerk of the Senedd asks the King’s Printer for Wales to publish;
(b)
the Welsh Ministers ask the King’s Printer for Wales to publish.
(3)
In this section, the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies).
Preservation and publication of Welsh statutory instruments
37NOfficial versions and certified copies of Welsh statutory instruments
(1)
As soon as practicable after a Welsh statutory instrument is made, the responsible authority must make and send a certified copy of the instrument to—
(a)
the National Library for Wales, and
(b)
the King’s Printer for Wales.
(2)
When sending a certified copy of a Welsh statutory instrument to the King’s Printer for Wales in accordance with subsection (1)(b), the responsible authority must also provide the following information—
(a)
the date on which the instrument was made;
(b)
the date or dates the instrument comes into force, or a description of how it is to come into force;
(c)
the subject heading or headings that the responsible authority has assigned to the instrument, based on its subject matter;
(d)
the Senedd procedure (see Part 2A) to which the subordinate legislation contained in the instrument is subject.
(3)
A certified copy of a Welsh statutory instrument—
(a)
is a copy of that instrument that is certified by the responsible authority as being a true copy, and
(b)
may be in electronic form.
(4)
The requirement to send a certified copy of a Welsh statutory instrument to the National Library for Wales does not apply to an instrument classified by the responsible authority as a local instrument.
37OPreservation of Welsh statutory instruments
The National Library of Wales must ensure that a certified copy of a Welsh statutory instrument it receives from a responsible authority is—
(a)
preserved, and
(b)
available for public inspection at all reasonable times.
37PNumbering and classification of Welsh statutory instruments
(1)
Welsh statutory instruments are to be—
(a)
allocated to the series of Welsh statutory instruments for the calendar year in which they are made;
(b)
numbered within that series—
(i)
consecutively (starting with number 1), and
(ii)
as nearly as may be in the order in which they are received.
(2)
Accordingly, as soon as practicable after receiving a certified copy of a Welsh statutory instrument, the King’s Printer for Wales must—
(a)
allocate and number the instrument in accordance with subsection (1), and
(b)
affirm the subject heading or headings assigned to the instrument by the responsible authority.
(3)
When assigning a number to a Welsh statutory instrument in accordance with subsection (2), the King’s Printer for Wales may assign a further, subsidiary, number to the instrument (within the series to which the instrument is allocated).
37QPublication of Welsh statutory instruments
(1)
This section applies where the King’s Printer for Wales has received—
(a)
a certified copy of a Welsh statutory instrument sent in accordance with section 37N(1), and
(b)
the information referred to in section 37N(2) relating to the instrument.
(2)
The King’s Printer for Wales must, as soon as practicable, publish the instrument in the form shown in the certified copy and, in doing so, incorporate the following matters—
(a)
the series heading “WELSH STATUTORY INSTRUMENTS”;
(b)
the calendar year of the series of Welsh statutory instruments to which the instrument has been allocated in accordance with section 37P(1)(a), followed by “No.” and the number assigned to it in accordance with section 37P(1)(b) (for example, “2026 No. 1”);
(c)
the subject heading or headings of the instrument affirmed under section 37P(2)(b);
(d)
a statement showing the date on which the instrument was made;
(e)
except in the case of an instrument that makes provision only in respect of when another enactment is to come into force, a statement showing the date or dates the instrument comes into force or describing how the instrument is to come into force.
(3)
The King’s Printer for Wales must also publish, as soon as practicable after receiving it, any document related to a certified copy of a Welsh statutory instrument that the responsible authority asks the King’s Printer for Wales to publish.
(4)
In this section, the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies).
37RPublication of Welsh statutory instruments subject to Senedd confirmation procedure
(1)
This section applies where a Welsh statutory instrument contains subordinate legislation that has effect subject to the Senedd confirmation procedure (as to which see section 37D).
(2)
The responsible authority must, as soon as practicable, notify the King’s Printer for Wales—
(a)
that the instrument has been confirmed by Senedd Cymru or has ceased to have effect as a result of not being confirmed (as the case may be), and
(b)
of the date on which that occurred.
(3)
Where the King’s Printer for Wales has been notified that the Welsh statutory instrument has been confirmed by Senedd Cymru, in publishing the instrument the King’s Printer for Wales must incorporate (in addition to the matters mentioned in section 37Q(2)) a statement showing that the instrument has been confirmed.
37SProceedings for offence under unpublished Welsh statutory instrument: defence
(1)
This section applies to proceedings against a person for an offence consisting of a contravention of a provision in subordinate legislation contained in a Welsh statutory instrument.
(2)
It is a defence for the person to prove that, at the date of the alleged contravention, the instrument had not been published by the King’s Printer for Wales in accordance with section 37Q.
(3)
But this defence is not available if it is proved that other reasonable steps had been taken before that date, by or on behalf of the responsible authority, to bring the offence to the notice of—
(a)
the public,
(b)
persons likely to be affected by it, or
(c)
the person charged.
(4)
Subsections (2) and (3) do not affect any enactment or rule of law relating to the time at which any subordinate legislation made by Welsh statutory instrument comes into force.
37TDraft Welsh statutory instruments
(1)
The King’s Printer for Wales must publish, as soon as practicable after receiving it, a certified copy of a draft of a Welsh statutory instrument that the responsible authority asks the King’s Printer for Wales to publish.
(2)
A certified copy of a draft of a Welsh statutory instrument—
(a)
is a copy of that draft that is certified by the responsible authority as being a true copy, and
(b)
may be in electronic form.
(3)
In this section—
(a)
the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies);
(b)
“the responsible authority” means the person who would be the responsible authority if the Welsh statutory instrument were made.
Publication of Welsh legislation in up-to-date form
37UPublication of effects of legislation
(1)
Where an Act of Senedd Cymru or Welsh statutory instrument contains one or more provisions that amend, repeal or revoke enactments, the King’s Printer for Wales must prepare and publish a table showing the effects of the Act or instrument on those enactments.
(2)
A table relating to an Act of Senedd Cymru must be published as soon as practicable after the certified copy of the official print of the Act is published under section 37M.
(3)
A table relating to a Welsh statutory instrument must be published as soon as practicable after the instrument is published under section 37Q.
(4)
In this section the requirement to publish means publishing online.
37VPublication of Welsh legislation as amended
(1)
This section applies where an enactment amends Welsh legislation.
(2)
The King’s Printer for Wales must publish the legislation as it has been amended.
(3)
The King’s Printer for Wales must, so far as practicable, fulfil the duty in subsection (2) from the time an amendment comes into force.
(4)
Where an amendment has not yet come into force, the King’s Printer for Wales may also publish the legislation as it will be amended, if it clearly indicates that the amendment has not yet come into force.
(5)
In this section—
(a)
the requirement to publish means publishing online;
(b)
“Welsh legislation” means—
(i)
an Assembly Measure or Act of Senedd Cymru;
(ii)
a Welsh statutory instrument.
Legislation record
37WRecord of Welsh legislation
(1)
The King’s Printer for Wales must maintain and publish a record that includes—
(a)
the information referred to in subsection (2) about each Act of Senedd Cymru published under section 37M;
(b)
the information referred to in subsection (3) about each Welsh statutory instrument published under section 37Q.
(2)
The information (in relation to Acts of Senedd Cymru) is—
(a)
the title;
(b)
the calendar year it received Royal Assent;
(c)
the prefix and number written on the Act in accordance with section 37J;
(d)
the date on which the certified copy of the official print of the Act was published.
(3)
The information (in relation to Welsh statutory instruments) is—
(a)
the title;
(b)
the calendar year it was made;
(c)
the number assigned to it under section 37P(2);
(d)
the date on which the instrument was published.
(4)
In this section the requirement to publish means publishing online.
37XEvidential status of record
In any legal proceedings the date in the record published in accordance with section 37W in respect of a Welsh statutory instrument is to be treated as conclusive evidence of the date on which the instrument was first published by the King’s Printer for Wales.
King’s Printer for Wales: printing and selling
37YPrinting and selling Welsh legislation and related documents
(1)
The King’s Printer for Wales may print and sell copies of any of the following documents—
(a)
an Assembly Measure;
(b)
an Act of Senedd Cymru;
(c)
a Welsh statutory instrument;
(d)
a draft of a Welsh statutory instrument;
(e)
explanatory notes for an Assembly Measure or Act of Senedd Cymru;
(f)
any other document related to an Assembly Measure or Act of Senedd Cymru, if the Clerk of the Senedd or the Welsh Ministers have asked for the document to be published;
(g)
any document related to a Welsh statutory instrument, if the responsible authority has asked for the document to be published.
(2)
Subsections (3) and (4) apply where the King’s Printer for Wales receives a request from any person for a printed copy of any of the following documents—
(a)
an Assembly Measure;
(b)
an Act of Senedd Cymru;
(c)
a Welsh statutory instrument, other than an instrument classified by the responsible authority as a local instrument;
(d)
explanatory notes for an Assembly Measure or Act of Senedd Cymru, if the Clerk of the Senedd or the Welsh Ministers have asked for them to be published.
(3)
The King’s Printer for Wales must print a copy of the document and send it to the address specified by the person who made the request.
(4)
But the King’s Printer for Wales may impose a charge for printing and sending a copy of a document in accordance with subsection (2), and need not print and send a copy of the document until the charge has been paid.
Publication of subordinate legislation not made by Welsh statutory instrument
37ZWelsh Ministers to publish subordinate legislation not made by statutory instrument
(1)
This section applies to a Welsh subordinate instrument, within the meaning given by section 3(2), containing only subordinate legislation that—
(a)
is made by the Welsh Ministers, and
(b)
is not required to be made by Welsh statutory instrument (and in consequence is not subject to the requirements that apply to such an instrument under this Part).
(2)
The Welsh Ministers must prepare and publish a determination about the numbering and classification of Welsh subordinate instruments to which this section applies.
(3)
The Welsh Ministers must, as soon as practicable after making such an instrument—
(a)
allocate a number and year to the instrument in accordance with the determination,
(b)
classify the instrument in accordance with the subject matter of the instrument or any other matter referred to in the determination, and
(c)
publish the instrument online.
General
37Z1References to Welsh statutory instruments
A Welsh statutory instrument may be referred to—
(a)
by its title in Welsh or English (whether or not the provision conferring the title is in force), or
(b)
by the prefix “W.S.I.” and its year and number (for example “W.S.I. 2026/1”), where—
(i)
the year is the calendar year of the series of Welsh statutory instruments to which the instrument was allocated in accordance with section 37P(1)(a);
(ii)
the number is the number assigned to the instrument in accordance with section 37P(1)(b).
37Z2The King’s Printer for Wales: delegation of functions
(1)
A function conferred on the King’s Printer for Wales under this Part may be carried out on the King’s Printer for Wales’ behalf by another person authorised by the King’s Printer for Wales.
(2)
Where a function is carried out by another person by virtue of subsection (1)—
(a)
the King’s Printer for Wales remains responsible for the carrying out of the function, and
(b)
anything done by the person authorised under that subsection in pursuance of the authorisation is to be treated as done by the King’s Printer for Wales.
PART 3MISCELLANEOUS
38Power to replace descriptions of dates and times in Welsh legislation
(1)
Where a provision in any legislation to which this section applies describes a date or time by reference to the coming into force of an enactment or the occurrence of any other event, the Welsh Ministers may by regulations amend the provision so that it refers to the actual date or time (once known).
(2)
Regulations under subsection (1) may also—
(a)
amend the legislation to include an explanation of the date or time they insert;
(b)
make consequential provision which amends, repeals or revokes any enactment.
(3)
This section applies to the following legislation (whenever enacted or made)—
(a)
F1Acts of Senedd Cymru and Assembly Measures;
(b)
subordinate legislation made under F1Acts of Senedd Cymru and Assembly Measures;
(c)
any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38) that applies only in relation to Wales;
(d)
any other enactment, so far as it is amended by legislation mentioned in paragraph (a), (b) or (c).
39Power to make subordinate legislation in different forms
(1)
(2)
This does not affect the procedure for making a F57Welsh statutory instrument containing the subordinate legislation.
(3)
A reference in any enactment, instrument or document to regulations, rules or an order made under the power or duty includes subordinate legislation made under it in any other form in reliance on subsection (1).
(4)
Subsection (1) does not apply to subordinate legislation that—
(a)
is made under an Act of the Parliament of the United Kingdom or F58assimilated direct legislation, and
(b)
applies otherwise than in relation to Wales.
F6040Combining subordinate legislation subject to different F59Senedd procedures
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6140AApplication of this Part in relation to the Welsh zone
In relation to subordinate legislation that relates to fishing, fisheries or fish health, references in this Part to Wales include the area of the Welsh zone beyond the seaward limits of the territorial sea.
PART 4GENERAL
41Consequential amendments and repeals
Schedule 2 contains consequential amendments and repeals.
42Power to make additional provision to give full effect to this Act
(1)
If the Welsh Ministers consider it necessary or expedient for the purpose of giving full effect to any provision in this Act, or in consequence of any such provision, they may by regulations make—
(a)
supplementary, incidental or consequential provision;
(b)
transitory, transitional or saving provision.
(2)
Regulations under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including a provision in this Act).
F6242AReview of Parts 2A and 2B of this Act
(1)
The Counsel General must review the operation and effect of Parts 2A and 2B.
(2)
The review must be carried out during the period—
(a)
beginning two years after the day on which those Parts come into force, and
(b)
ending no later than three years after that day.
(3)
As part of the review the Counsel General must consult the Presiding Officer and the Clerk of the Senedd, and any other person the Counsel General considers appropriate.
(4)
The next annual report prepared by the Counsel General under section 2(7) after the review has been completed must contain—
(a)
information about the matters considered as part of the review, and
(b)
the Counsel General’s conclusions.
F6343Regulations made under this Act
(1)
A power to make regulations under this Act—
(a)
is exercisable by Welsh statutory instrument;
(b)
includes power to make different provision for different purposes.
(2)
Regulations made under the following provisions are subject to the Senedd approval procedure—
(a)
section 6(2);
(b)
section 37F(2)(c);
(c)
section 42(1), where the regulations amend, repeal or otherwise modify any provision in an Act of Senedd Cymru, an Assembly Measure or an Act of the Parliament of the United Kingdom;
(d)
paragraph 6(3)(c) of Schedule 1A.
(3)
Regulations made under the following provisions are subject to the Senedd annulment procedure—
(a)
section 42(1), unless subsection (2)(c) of this section applies;
(b)
paragraph 7 of Schedule 1A;
(c)
paragraph 16 of Schedule 1B;
(d)
paragraph 13 of Schedule 1C.
44Coming into force of this Act
(1)
The following provisions come into force on the day after the day on which this Act receives Royal Assent—
(a)
Part 1;
(b)
section 6(2) and (3);
(c)
the other provisions in Part 2, so far as they apply to this Act;
(d)
Part 3;
(e)
this Part.
(2)
So far as it is not brought into force by subsection (1), Part 2 comes into force on a day appointed by an order made by the Welsh Ministers.
(3)
An order under subsection (2)—
(a)
must be made by statutory instrument;
(b)
may include transitory, transitional or saving provision.
45Short title
The short title of this Act is the Legislation (Wales) Act 2019.
SCHEDULE 1DEFINITIONS OF WORDS AND EXPRESSIONS
F64... | F64... |
F65Act of the Parliament of the United Kingdom (Deddf gan Senedd y Deyrnas Unedig) | “Act of the Parliament of the United Kingdom” includes an Act of the Parliament of Great Britain or of the Parliament of England |
F65Act of Senedd Cymru (Deddf gan Senedd Cymru) | “Act of Senedd Cymru” means an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32) (whether as an Act of Senedd Cymru or an Act of the National Assembly for Wales) |
Assembly Measure (Mesur Cynulliad) | “Assembly Measure” means a Measure of the National Assembly for Wales, enacted under Part 3 of the Government of Wales Act 2006 (which ceased to have effect by virtue of section 106 of that Act, subject to the saving which is continued by paragraph 5 of Schedule 7 to the Wales Act 2017 (c. 4)) |
F66assimilated direct legislation (deddfwriaeth uniongyrchol a gymathwyd), assimilated direct minor legislation (mân ddeddfwriaeth uniongyrchol a gymathwyd), and assimilated direct principal legislation (prif ddeddfwriaeth uniongyrchol a gymathwyd) | “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023) |
assimilated law (cyfraith a gymathwyd) | “assimilated law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023) |
assimilated obligation (rhwymedigaeth a gymathwyd) | “assimilated obligation” means an obligation that—
as modified from time to time |
Bank of England (Banc Lloegr) | “Bank of England” means, as the context requires—
|
Charity Commission (Comisiwn Elusennau) | “Charity Commission” means the Charity Commission for England and Wales, continued in existence by section 13 of the Charities Act 2011 (c. 25) |
Counsel General (Cwnsler Cyffredinol) | “Counsel General” means the Counsel General to the Welsh Government, appointed under section 49 of the Government of Wales Act 2006 (c. 32) |
county court (llys sirol) | “county court” means the county court in England and Wales, established by section A1 of the County Courts Act 1984 (c. 28) |
Court of Appeal (Llys Apêl) | “Court of Appeal” means Her Majesty's Court of Appeal in England and Wales |
Court of Protection (Llys Gwarchod) | “Court of Protection” means the Court of Protection established by section 45 of the Mental Capacity Act 2005 (c. 9) |
Crown Court (Llys y Goron) | “Crown Court” means the Crown Court in England and Wales, originally established by section 4 of the Courts Act 1971 (c. 23) (which was repealed by the Senior Courts Act 1981 (c. 54)) |
EEA agreement (cytundeb yr AEE) | “EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time; but in relation to a time on or after F67implementation period completion day does not include any F68assimilated direct legislation |
EEA state (gwladwriaeth AEE) | “EEA state”, in relation to any time, means—
|
enactment (deddfiad) | |
England (Lloegr) | “England” has the meaning given by Schedule 1 to the Interpretation Act 1978 (c. 30) |
F69Equality and Human Rights Commission (Comisiwn Cydraddoldeb a Hawliau Dynol) | “Equality and Human Rights Commission” means the Commission for Equality and Human Rights established by section 1 of the Equality Act 2006 (c. 3) |
the EU (yr UE) or the European Union (yr Undeb Ewropeaidd) | “the EU” or “the European Union” means the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992, as amended by any later Treaty; and includes, so far as the context permits or requires, the European Atomic Energy Community |
EU institution (sefydliad UE) | “EU institution” means any institution of the European Union |
EU instrument (offeryn UE) | “EU instrument” means any instrument issued by an EU institution, but in relation to a time on or after F70implementation period completion day does not include any F68assimilated direct legislation |
European Court (Llys Ewropeaidd) | “European Court” means the Court of Justice of the European Union |
F71EU withdrawal agreement (cytundeb ymadael â'r UE) | “EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (see section 39(1) and (6) of that Act) |
exit day (diwrnod ymadael) | “exit day” and related expressions are to be interpreted in accordance with section 20(1) to (5) of the European Union (Withdrawal) Act 2018 (c. 16) |
family court (llys teulu) | “family court” means the family court in England and Wales, established by section 31A of the Matrimonial and Family Proceedings Act 1984 (c. 42) |
financial year (blwyddyn ariannol) | “financial year” means a year ending with 31 March |
First Minister (Prif Weinidog) | “First Minister” means the First Minister for Wales, appointed under section 46(1) of the Government of Wales Act 2006 (c. 32) (and see section 45(2) of that Act, which provides that references to the Welsh Ministers include the First Minister) |
Her Majesty's Revenue and Customs (Cyllid a Thollau Ei Mawrhydi) | “Her Majesty's Revenue and Customs” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (and see sections 3(5) and 11(4) of the Borders, Citizenship and Immigration Act 2009 (c. 11), which provide for references to Her Majesty's Revenue and Customs to include certain officials designated under that Act) |
High Court (Uchel Lys) | “High Court” means Her Majesty's High Court of Justice in England and Wales |
F72implementation period completion day (diwrnod cwblhau'r cyfnod gweithredu) | “implementation period completion day” means “IP completion day” within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1), and related expressions are to be interpreted accordingly (see section 39(1) to (5) of that Act) |
indictable offence (trosedd dditiadwy) | “indictable offence”means—
|
land (tir) | “land” includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land |
Local Health Board (Bwrdd Iechyd Lleol) | “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42) |
Lord Chancellor (Arglwydd Ganghellor) | “Lord Chancellor” means the Lord High Chancellor of Great Britain |
magistrates' court (llys ynadon) | “magistrates' court” means a magistrates' court, within the meaning given by section 148 of the Magistrates' Courts Act 1980 (c. 43), in England and Wales |
F65Member of the Senedd (Aelod o'r Senedd) | “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006 (c. 32) |
member State (Aelod-wladwriaeth) | “member State” means a State which is a member of the European Union |
Minister of the Crown (Gweinidog y Goron) | “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom, and includes the Treasury |
month (mis) | “month” means a calendar month |
F64... | F64... |
F64... | F64... |
F73National Trust (Ymddiriedolaeth Genedlaethol) | “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi) |
Natural Resources Wales (Cyfoeth Naturiol Cymru) | “Natural Resources Wales” means the Natural Resources Body for Wales, established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W. 230)) |
oath (llw), affidavit (affidafid), and swear (tyngu llw) | “oath” and “affidavit” include affirmation and declaration; and “swear” includes affirm and declare |
offence triable either way (trosedd neillffordd) | “offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily—
|
person (person) | “person” includes a body of persons corporate or unincorporated |
F69Public Accounts Committee (Pwyllgor Cyfrifon Cyhoeddus) | “Public Accounts Committee” means the committee of Senedd Cymru established in accordance with section 30 of the Government of Wales Act 2006 (c. 32) (and referred to in that section as the “Audit Committee”) |
the Privy Council (y Cyfrin Gyngor) | “the Privy Council” means the Lords and others of Her Majesty's Most Honourable Privy Council |
F74. . . | F74. . . |
F74. . . | F74. . . |
F74. . . | |
F74. . . | F74. . . |
F74. . . | F74. . . |
rules of court (rheolau llys) | “rules of court”, in relation to any court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court |
Secretary of State (Ysgrifennydd Gwladol) | “Secretary of State” means one of Her Majesty's Principal Secretaries of State |
F65Senedd Commission (Comisiwn y Senedd) | “Senedd Commission” means the Commission established by section 27 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales Commission) |
F65Senedd Cymru (Senedd Cymru) | “Senedd Cymru” means the parliament for Wales established by section 1 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales) |
Senior Courts (Uwchlysoedd) | “Senior Courts” means the Senior Courts of England and Wales (see section 1 of the Senior Courts Act 1981 (c. 54)) |
F69Sentencing Code (Cod Dedfrydu) | “Sentencing Code” means the code contained in the Sentencing Act 2020 (c. 17) (see section 1 of that Act) |
standard scale (graddfa safonol) | “standard scale”, in relation to a fine or penalty for a summary offence, has the meaning givenF73—
by section 37 of the Criminal Justice Act 1982 (c. 48) |
statutory declaration (datganiad statudol) | “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835 (c. 62) |
subordinate legislation (is-ddeddfwriaeth) | |
summary offence (trosedd ddiannod) | “summary offence” means an offence which, if committed by an adult, is triable only summarily—
|
Supreme Court (Goruchaf Lys) | “Supreme Court” means the Supreme Court of the United Kingdom, established by section 23 of the Constitutional Reform Act 2005 (c. 4) |
the Treasury (y Trysorlys) | “the Treasury” means the Commissioners of Her Majesty's Treasury |
the Treaties (y Cytuniadau) or the EU Treaties (Cytuniadau'r UE) | “the Treaties” or “the EU Treaties”—
|
United Kingdom (y Deyrnas Unedig) | “United Kingdom” means Great Britain and Northern Ireland |
Wales (Cymru) | “Wales” means—
and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) |
Welsh Government (Llywodraeth Cymru) | “Welsh Government” is to be interpreted in accordance with section 45(1) of the Government of Wales Act 2006 (c. 32) |
the Welsh Ministers (Gweinidogion Cymru) | “the Welsh Ministers” is to be interpreted in accordance with section 45(2) of the Government of Wales Act 2006 (c. 32) (which provides that references to the Welsh Ministers are to the First Minister and the Welsh Ministers appointed under section 48 of that Act) |
Welsh Revenue Authority (Awdurdod Cyllid Cymru) | “Welsh Revenue Authority” means the authority established by section 2 of the Tax Collection and Management (Wales) Act 2016 (anaw 6) |
Welsh tribunal (tribiwnlys Cymreig) | “Welsh tribunal” has the meaning given by section 59(1) of the Wales Act 2017 (c. 4) |
F76Welsh zone (parth Cymru) | “Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32) (and see article 3 of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), which makes provision about the limits of the zone) |
working day (diwrnod gwaith) | “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80) |
writing (ysgrifennu) | “writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form |
F77SCHEDULE 1AAPPLICATION OF PART 2A TO PRE-COMMENCEMENT ENACTMENTS
Interpretation
1
In this Schedule—
“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force, and
“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).
Application of Schedule
2
This Schedule applies in relation to Welsh subordinate legislation (within the meaning given by section 37A(2)) that is to be made by statutory instrument under a pre-commencement enactment.
Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru
3
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—
(a)
may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or
(b)
may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.
(2)
The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—
(a)
to be subject to the Senedd approval procedure referred to in section 37C, and
(b)
to be made by Welsh statutory instrument.
Instruments that may be made but must be confirmed by resolution of Senedd Cymru
4
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymru, but ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—
(a)
a period specified in the enactment ends, or
(b)
an event specified in the enactment occurs.
(2)
The pre-commencement enactment is to be read as if it instead it provided for the subordinate legislation—
(a)
to be subject to the Senedd confirmation procedure referred to in section 37D, and
(b)
to be made by Welsh statutory instrument.
Instruments that may be made but are subject to annulment by resolution of Senedd Cymru
5
(1)
This paragraph applies where the pre-commencement enactment provides or has the effect of providing that the subordinate legislation, or the statutory instrument containing it—
(a)
is subject to annulment in pursuance of a resolution of Senedd Cymru, or
(b)
may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.
(2)
The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—
(a)
to be subject to the Senedd annulment procedure referred to in section 37E, and
(b)
to be made by Welsh statutory instrument.
Other instruments to be laid before Senedd Cymru
6
(1)
This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that the subordinate legislation, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3, 4 or 5.
(2)
The pre-commencement enactment is to be read as if—
(a)
it provides for the subordinate legislation to be made by Welsh statutory instrument;
(b)
it provides, or has the effect of providing, that the statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this).
(3)
But sub-paragraph (2)(b) does not apply to a statutory instrument that is—
(a)
classified by the responsible authority as a local instrument,
(b)
subject to special Senedd procedure, or
(c)
made under an enactment specified by the Welsh Ministers by regulations.
(4)
In sub-paragraph (3)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.
Power to make amendments consequential upon this Schedule
7
The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.
SCHEDULE 1BAPPLICATION OF PART 2A TO JOINT OR COMPOSITE LEGISLATION
PART 1INTERPRETATION
Interpretation
1
In this Schedule—
“post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;
“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;
“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).
PART 2JOINT OR COMPOSITE INSTRUMENTS MADE UNDER PRE-COMMENCEMENT ENACTMENTS
Application of Part
2
This Part applies in relation to subordinate legislation that is to be made under a pre-commencement enactment—
(a)
by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));
(b)
by statutory instrument.
Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru
3
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—
(a)
may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or
(b)
may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.
(2)
The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.
Instruments that may be made but must be confirmed by resolution of Senedd Cymru
4
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymru, but ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—
(a)
a period specified in the enactment ends, or
(b)
an event specified in the enactment occurs.
(2)
The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.
Instruments that may be made but are subject to annulment by resolution of Senedd Cymru
5
(1)
This paragraph applies where the pre-commencement enactment provides or has the effect of providing that a statutory instrument containing subordinate legislation—
(a)
is subject to annulment in pursuance of a resolution of Senedd Cymru, or
(b)
may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.
(2)
The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.
Other instruments to be laid before Senedd Cymru
6
(1)
This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that a statutory instrument containing subordinate legislation is subject to any of the procedures referred to in paragraphs 3, 4 or 5.
(2)
The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the subordinate legislation, or the statutory instrument containing it, must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.
PART 3JOINT OR COMPOSITE INSTRUMENTS MADE UNDER POST-COMMENCEMENT ENACTMENTS
Application of Part
7
This Part applies in relation to subordinate legislation that is to be made under a post-commencement enactment—
(a)
by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));
(b)
by statutory instrument.
Application of Senedd approval procedure
8
(1)
This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd approval procedure”.
(2)
The subordinate legislation is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.
Application of Senedd confirmation procedure
9
(1)
This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd confirmation procedure”.
(2)
The subordinate legislation is subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.
Application of Senedd annulment procedure
10
(1)
This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd annulment procedure”.
(2)
The subordinate legislation is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.
Application of requirement to lay statutory instrument before Senedd Cymru
11
(1)
This paragraph applies where the post-commencement enactment does not provide that subordinate legislation is subject to—
(a)
the Senedd approval procedure,
(b)
the Senedd confirmation procedure, or
(c)
the Senedd annulment procedure.
(2)
The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.
PART 4MODIFIED SENEDD PROCEDURES FOR JOINT OR COMPOSITE INSTRUMENTS
Modified Senedd approval procedure
12
(1)
Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to the subordinate legislation to which this Schedule applies.
(2)
The subordinate legislation may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.
Modified Senedd confirmation procedure
13
(1)
Sub-paragraphs (2) to (6) are a modification of the Senedd confirmation procedure in section 37D that is applicable to the subordinate legislation to which this Schedule applies.
(2)
The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made.
(3)
But the subordinate legislation contained in the statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—
(a)
a period specified in the enactment ends, or
(b)
an event specified in the enactment occurs.
(4)
Where the subordinate legislation ceases to have effect under sub-paragraph (3)—
(a)
in so far as the subordinate legislation is not in force when it ceases to have effect, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),
(b)
in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and
(c)
His Majesty may, by Order in Council, revoke the instrument.
(5)
But this does not affect—
(a)
the validity of anything previously done under the subordinate legislation, or
(b)
the making of new subordinate legislation.
(6)
An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.
Modified Senedd annulment procedure
14
(1)
Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to the subordinate legislation to which this Schedule applies.
(2)
The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the subordinate legislation comes into force.
(3)
Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the subordinate legislation contained in the instrument be annulled.
(4)
Where the subordinate legislation is annulled—
(a)
in so far as the subordinate legislation is not in force on the date of the resolution, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),
(b)
in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and
(c)
His Majesty may, by Order in Council, revoke the instrument.
(5)
But this does not affect—
(a)
the validity of anything previously done under the subordinate legislation, or
(b)
the making of new subordinate legislation.
(6)
If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the subordinate legislation contained in it came into force.
(7)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
(8)
In calculating the period of 21 days mentioned in sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.
(9)
An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.
Modified procedure for laying statutory instrument before Senedd Cymru
15
(1)
Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to the subordinate legislation to which this Schedule applies.
(2)
The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made; and sub-paragraph (3) applies if the instrument is not laid before the subordinate legislation comes into force.
(3)
If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the subordinate legislation contained in it came into force.
(4)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
PART 5CONSEQUENTIAL AMENDMENTS
Power to make amendments consequential upon this Schedule
16
The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.
SCHEDULE 1CAPPLICATION OF PART 2A TO ORDERS IN COUNCIL
PART 1INTERPRETATION
Interpretation
1
In this Schedule—
“post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;
“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;
“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning of section 1 of the Statutory Instruments Act 1946 (c. 36).
PART 2ORDERS IN COUNCIL MADE UNDER PRE-COMMENCEMENT ENACTMENTS
Application of Part
2
This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a pre-commencement enactment.
Orders in Council that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru
3
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council—
(a)
may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or
(b)
may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.
(2)
The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.
Orders in Council that may be made but are subject to annulment by resolution of Senedd Cymru
4
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to annulment in pursuance of a resolution of Senedd Cymru.
(2)
The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.
Other Orders in Council to be laid before Senedd Cymru
5
(1)
This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.
(2)
This paragraph also applies where—
(a)
the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and
(b)
the pre-commencement enactment does not provide, or have the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3 or 4 or that it must be laid before Senedd Cymru.
(3)
The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.
PART 3ORDERS IN COUNCIL MADE UNDER POST-COMMENCEMENT ENACTMENTS
Application of Part
6
This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a post-commencement enactment.
Application of Senedd approval procedure
7
(1)
This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd approval procedure”.
(2)
The Order in Council is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.
Application of Senedd annulment procedure
8
(1)
This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd annulment procedure”.
(2)
The Order in Council is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.
Application of requirement to lay statutory instrument before Senedd Cymru
9
(1)
This paragraph applies where the post-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.
(2)
This paragraph also applies where—
(a)
the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and
(b)
the post-commencement enactment does not provide that the Order in Council, or the statutory instrument containing it, is subject to—
(i)
the Senedd approval procedure,
(ii)
the Senedd confirmation procedure, or
(iii)
the Senedd annulment procedure,
or that it must be laid before Senedd Cymru.
(3)
The statutory instrument containing the Order in Council must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.
PART 4MODIFIED SENEDD PROCEDURES FOR ORDERS IN COUNCIL
Modified Senedd approval procedure
10
(1)
Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to an Order in Council.
(2)
The Order in Council may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.
Modified Senedd annulment procedure
11
(1)
Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to an Order in Council.
(2)
The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the Order in Council comes into force.
(3)
Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the Order in Council be annulled.
(4)
Where the Order in Council is annulled—
(a)
in so far as the Order in Council is not in force on the date of the resolution, the Order in Council does not come into force after that date (despite any provision in it for its coming into force),
(b)
in so far as the Order in Council is in force on that date, nothing further is to be done or continued under, or in reliance on, the Order in Council after that date, and
(c)
His Majesty may, by Order in Council, revoke the instrument.
(5)
But any such resolution or revocation does not affect—
(a)
the validity of anything previously done under the instrument, or
(b)
the making of a new Order in Council.
(6)
If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the Order in Council contained in it came into force.
(7)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
(8)
In calculating the period of 21 days mentioned in sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.
(9)
An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.
Modified procedure for laying statutory instrument before Senedd Cymru
12
(1)
Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to an Order in Council.
(2)
The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made; and sub-paragraph (3) applies if the instrument is not laid before the Order in Council comes into force.
(3)
If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the Order in Council contained in it came into force.
(4)
The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.
PART 5CONSEQUENTIAL AMENDMENTS
Power to make amendments consequential upon this Schedule
13
The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.
SCHEDULE 2CONSEQUENTIAL AMENDMENTS AND REPEALS
Interpretation Act 1978 (c. 30)
1
“23BApplication of this Act to Welsh legislation
(1)
The provisions of this Act, except sections 1 to 3, apply to the following as they apply to an Act—
(a)
a Measure of the National Assembly for Wales, and
(b)
an Act of the National Assembly for Wales, other than the Legislation (Wales) Act 2019, which receives Royal Assent before the day on which Part 2 of that Act (interpretation and operation of Welsh legislation) comes fully into force.
(2)
The provisions of this Act apply to an instrument—
(a)
made under a Measure or Act of the National Assembly for Wales, and
(b)
made before the day on which Part 2 of the Legislation (Wales) Act 2019 comes fully into force,
as they apply to other subordinate legislation.
(3)
The provisions of this Act apply to an instrument made under an Act of Parliament or retained direct EU legislation, and made by the Welsh Ministers or any other devolved Welsh authority, only if—
(a)
the instrument is made before the day on which Part 2 of the Legislation (Wales) Act 2019 comes fully into force,
(b)
the instrument is made (at any time) with any other person who is not a devolved Welsh authority, or
(c)
the instrument contains any provision that applies otherwise than in relation to Wales.
(4)
Nothing in subsection (2) or (3) limits the operation of sections 12 to 14A in relation to a power or duty to make an instrument to which Part 2 of the Legislation (Wales) Act 2019 applies, but section 11 does not apply in relation to such an instrument.
(5)
In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.
(6)
In this section, “devolved Welsh authority” and “Wales” have the same meanings as in the Government of Wales Act 2006 (see sections 157A and 158 of that Act).
23CInterpretation of this Act in relation to Welsh legislation
(1)
In this Act, references to an enactment include an enactment comprised in—
(a)
a Measure of the National Assembly for Wales,
(b)
an Act of the National Assembly for Wales (whenever the Act receives Royal Assent),
(c)
an instrument made under such an Act or Measure (whenever the instrument is made), or
(d)
an instrument made under an Act of Parliament or retained direct EU legislation, and made by the Welsh Ministers or any other devolved Welsh authority (whenever the instrument is made, and whether or not it is made with any other person),
but the reference in section 16(2) to a temporary enactment does not include an enactment comprised in legislation to which Part 2 of the Legislation (Wales) Act 2019 applies (see section 3(1) of that Act).
(2)
In section 17(2)(b), the reference to subordinate legislation includes an instrument to which Part 2 of the Legislation (Wales) Act 2019 applies.
(3)
In section 18, the reference to an act or omission which constitutes an offence under two or more Acts includes an act or omission which constitutes an offence under—
(a)
any legislation to which that section applies, and
(b)
any legislation to which Part 2 of the Legislation (Wales) Act 2019 applies,
and the reference to “those Acts” is to be read accordingly.
(4)
In section 19(1), references to “another Act” include—
(a)
a Measure of the National Assembly for Wales, and
(b)
an Act of the National Assembly for Wales (whenever the Act receives Royal Assent),
and the reference in paragraph (c) to “Acts” is to be read accordingly.”
Government of Wales Act 2006 (c. 32)
2
(1)
The Government of Wales Act 2006 is amended as follows.
(2)
In section 156 (English and Welsh texts of legislation)—
(a)
“(1A)
Subsection (1) does not apply to any legislation to which Part 2 of the Legislation (Wales) Act 2019 applies (but section 5 of that Act makes corresponding provision in relation to legislation to which that Part applies).”;
(b)
omit subsections (2) to (5).
(3)
In Schedule 7B, in paragraph 7(2)(e), omit sub-paragraph (ii).
(4)
In Schedule 10, omit paragraph 11.
Waste (Wales) Measure 2010 (nawm 8)
3
(1)
The Waste (Wales) Measure 2010 is amended as follows.
(2)
In section 19, omit subsections (3) and (4).
(3)
In section 20, omit subsections (4) and (5).