Legislation (Wales) Act 2019

17 Inclusion of sunset provisions and review provisions in subordinate legislation

(1) A power or duty to make subordinate legislation conferred or imposed by an Assembly Act 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.