Legislation (Wales) Act 2019

[F1 PART 4 E+W MODIFIED SENEDD PROCEDURES FOR JOINT OR COMPOSITE INSTRUMENTS

Textual Amendments

F1 Schs. 1A-1C inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), ss. 1(3), 9(4); S.I. 2025/1160, art. 2(a) (with art. 3(1)(2))

Modified Senedd approval procedure E+W

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 E+W

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 E+W

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 E+W

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.]