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Legislation (Wales) Act 2019
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16Exercise of a power or duty that is not in forceE+W
This section has no associated Explanatory Notes
(1)This section applies where a power or duty is conferred or imposed—
(a)by a provision in an [F1Act of Senedd Cymru] which comes into force—
(i)other than by order or regulations, and
(ii)more than one day after the day on which the Act receives Royal Assent, 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—
(a)beginning when the F2... Act receives Royal Assent or the F3... instrument is made, and
(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—
(a)the F4... Act or F5... instrument conferring or imposing the power or duty, or
(b)a provision in that Act or instrument,
at or after the time when the Act, instrument or provision comes into force.
(4)Where a provision in an [F1Act 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)The exercise of a power or duty in accordance with this section is subject to any conditions or limitations imposed by the F6... Act or F7... instrument conferring or imposing the power or duty (whether or not the provision imposing the condition or limitation is in force).
Textual Amendments
F1Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(8)
F2Word in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)
F3Words in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)
F4Word in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)
F5Words in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(b)(4)(b)
F6Word in s. 16(5) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)
F7Words in s. 16(5) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)
Commencement Information
I1S. 16 in force for specified purposes at 11.9.2019, see s. 44(1)(c)
I2S. 16 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2
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