PART 3E+WMISCELLANEOUS

40Combining subordinate legislation subject to different [F1Senedd] proceduresE+W

(1)Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different [F2Senedd] procedures as a result of the subordinate legislation that it contains, whichever of those [F2Senedd] procedures is mentioned first in subsection (2) applies to the instrument (and none of the other [F2Senedd] procedures apply).

(2)In this section, “[F3Senedd] procedure” means a procedure which has the effect that—

(a)a statutory instrument (or the subordinate legislation that it contains) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, [F4Senedd Cymru],

(b)a statutory instrument must be laid before [F5Senedd Cymru] after being made and must be approved by resolution of [F5Senedd Cymru] in order for the subordinate legislation that it contains to come into force or continue in force,

(c)a statutory instrument is subject to annulment in pursuance a resolution of [F6Senedd Cymru],

(d)a statutory instrument must be laid before [F7Senedd Cymru] after being made, or

(e)a statutory instrument is not required to be laid before [F8Senedd Cymru] at any time.

(3)The fact that the Welsh Ministers have made subordinate legislation in a statutory instrument to which subsection (1) applies does not—

(a)prevent them making further subordinate legislation in a statutory instrument to which that subsection does not apply, or

(b)affect the [F9Senedd] procedure that applies to such an instrument.

(4)Subsection (1) does not apply to a statutory instrument containing any subordinate legislation that—

(a)is made by the Welsh Ministers under an Act of the Parliament of the United Kingdom or retained direct EU legislation, and

(b)applies otherwise than in relation to Wales.

Textual Amendments

F1Word in s. 40 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(a)