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Legislation (Wales) Act 2019

Section 16 –Exercise of a power or duty that is not in force

95.Subsections (1) and (2) of section 16 provide that powers and duties under provisions of Assembly Acts and Welsh subordinate instruments may be exercised before those provisions come into force. By virtue of subsection (1)(a), the section applies to provisions of Assembly Acts if they come into force at a time which is specified in the Act and is more than one day after the day of Royal Assent (but not to provisions which come into force sooner or are brought into force by order or regulations).

96.Section 16(3) sets out the purposes for which the power or duty can be exercised before the relevant provision comes into force.

97.Section 16(4) allows for reliance on other provisions in the Act or Welsh subordinate instrument which are not in force but which are incidental or supplementary to the provision granting the power or imposing the duty.

98.Section 16(5) makes it clear that any limitations or conditions which would apply to the exercise of the power or discharge of the duty if the Act or instrument were fully in force also apply when the power or duty is exercised in reliance on section 16.

99.Section 16 has effect except to the extent that express provision is made to the contrary or the context requires otherwise.

100.This section is equivalent to section 13 of the 1978 Act, but it contains a number of differences intended to clarify its scope. In particular, section 16 does not apply where a power or duty is to be brought into force by order or regulations; it makes clear exactly when it enables the power or duty to be exercised; and it provides that the power or duty is to be exercised in the same way as if the provisions conferring or imposing it were in force.

101.Section 13 of the 1978 Act will continue to apply to powers and duties conferred or imposed by Assembly Acts that receive Royal Assent before Part 2 of this Act comes into force, and by subordinate legislation made before then.

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