Legislation (Wales) Act 2019

[F1 37E Senedd annulment procedure E+W

(1) This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd annulment procedure”.

(2) The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and subsection (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 Welsh 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) the responsible authority must, by order, revoke the subordinate legislation.

(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 subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh 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 subsection (2), or the period of 40 days mentioned in subsection (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 under subsection (4)(c) is to be made by Welsh statutory instrument.]

Textual Amendments

F1 Pt. 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))