PART 3MISCELLANEOUS

40Combining subordinate legislation subject to different F1Senedd procedures

(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 F10assimilated direct legislation, and

(b)

applies otherwise than in relation to Wales.