Textual Amendments
F1Pt. 2A inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), ss. 1(2), 9(4); S.I. 2025/1160, art. 2(a) (with art. 3(1)(2))
(1)This section applies for the purposes of this Part and Part 2B.
(2)The “responsible authority” in relation to subordinate legislation contained in a Welsh statutory instrument is—
(a)the Welsh Ministers in a case where the subordinate legislation is made, confirmed or approved by the Welsh Ministers, the First Minister or the Counsel General;
(b)in any other case, the person who makes the subordinate legislation.
(3)Except in subsection (2) and sections 37D(6) and 37E(9), references to subordinate legislation being made by Welsh statutory instrument include subordinate legislation being confirmed or approved by Welsh statutory instrument.
(4)A decision of a responsible authority whether to classify a Welsh statutory instrument as a local instrument is to be made according to the extent to which the subordinate legislation contained in the instrument—
(a)is of general application, or
(b)is limited in its application to a particular area, or to particular individuals or persons.]