PART 2INTERPRETATION AND OPERATION OF WELSH LEGISLATION

Powers and duties

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

(1)

This section applies where a power or duty is conferred or imposed—

F1(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—

(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.

F6(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 F7Act 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 F8... Act or F9... instrument conferring or imposing the power or duty (whether or not the provision imposing the condition or limitation is in force).

F10(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.