Legislation (Procedure, Publication and Repeals) (Wales) Act 2025

PART 1 E+W PROCEDURE FOR MAKING WELSH SUBORDINATE LEGISLATION

Prospective

1 New Part 2A of the Legislation (Wales) Act 2019 E+W

(1) The Legislation (Wales) Act 2019 (anaw 4) is amended as follows.

(2) After Part 2 insert—

“PART 2A E+W PROCEDURE FOR MAKING WELSH SUBORDINATE LEGISLATION

Introduction E+W

37A Welsh statutory instruments

(1) A “Welsh statutory instrument” is a document that contains Welsh subordinate legislation made in the exercise of a power that is required by an enactment to be exercised by statutory instrument.

(2) In subsection (1), “Welsh subordinate legislation” means subordinate legislation that is made only by—

(a) the Welsh Ministers, or

(b) any other devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).

(3) The reference in subsection (1) to an enactment requiring a power to be exercised by statutory instrument includes an enactment requiring a power to be exercised by Welsh statutory instrument.

(4) The reference in subsection (2)(a) to the Welsh Ministers includes the National Assembly for Wales as constituted by the Government of Wales Act 1998 (c. 38).

37B Interpretation

(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.

Senedd subordinate legislation procedures E+W

37C Senedd approval procedure

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

(2) The subordinate legislation may not be made unless a draft of the Welsh statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

37D Senedd confirmation procedure

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

(3) But the subordinate legislation contained in the Welsh statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—

(a) a period specified in the enactment ends, or

(b) an event specified in the enactment occurs.

(4) Where the subordinate legislation ceases to have effect under subsection (3)—

(a) in so far as the subordinate legislation is not in force when it ceases to have effect, 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) An order under subsection (4)(c) is to be made by Welsh statutory instrument.

37E Senedd annulment procedure

(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.

37F Other Welsh statutory instruments to be laid before Senedd Cymru

(1) This section applies where an enactment conferring a power to make subordinate legislation by Welsh statutory instrument does not provide that the legislation is subject to—

(a) the Senedd approval procedure,

(b) the Senedd confirmation procedure, or

(c) the Senedd annulment procedure.

(2) But it does not apply where the subordinate legislation is—

(a) made by Welsh statutory instrument classified by the responsible authority as a local instrument,

(b) subject to special Senedd procedure, or

(c) made under an enactment specified by the Welsh Ministers by regulations.

(3) 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 (4) applies if the instrument is not laid before the subordinate legislation comes into force.

(4) If this subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh statutory instrument was not laid before the subordinate legislation contained in it came into force.

(5) The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(6) In sub-section (2)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.

37G Combining subordinate legislation subject to different Senedd procedures

(1) This section applies where the responsible authority makes, or proposes to make, subordinate legislation by Welsh statutory instrument that would otherwise be subject to two or more different Senedd procedures.

(2) The Senedd procedure that is mentioned first in subsection (3) applies and none of the other Senedd procedures apply.

(3) The Senedd procedures are—

(a) the Senedd approval procedure (see section 37C);

(b) the Senedd confirmation procedure (see section 37D);

(c) the Senedd annulment procedure (see section 37E);

(d) the requirement (only) to lay the Welsh statutory instrument before Senedd Cymru after the subordinate legislation is made (see section 37F).

(4) If the responsible authority has made subordinate legislation in a Welsh statutory instrument to which subsection (1) applies, this does not—

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

(b) affect the Senedd procedure that applies to the subordinate legislation contained in such an instrument.

Existing powers to make subordinate legislation subject to parliamentary procedure E+W

37H Application of this Part in different circumstances

(1) Schedule 1A applies provisions of this Part to subordinate legislation made by statutory instrument under an enactment enacted or made before this Part is in force.

(2) Schedule 1B applies provisions of this Part, with modifications, to subordinate legislation made by the Welsh Ministers and another person other than a devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).

(3) Schedule 1C applies provisions of this Part, with modifications, to Orders in Council made by statutory instrument.”

(3) After Schedule 1 insert—

(introduced by section 37H)

“SCHEDULE 1A E+W APPLICATION OF PART 2A TO PRE-COMMENCEMENT ENACTMENTS

Interpretation

1 In this Schedule—

• “pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force, and

• “statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).

Application of Schedule

2 This Schedule applies in relation to Welsh subordinate legislation (within the meaning given by section 37A(2)) that is to be made by statutory instrument under a pre-commencement enactment.

Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—

(a) may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b) may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2) The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—

(a) to be subject to the Senedd approval procedure referred to in section 37C, and

(b) to be made by Welsh statutory instrument.

Instruments that may be made but must be confirmed by resolution of Senedd Cymru

4 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymru, but ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—

(a) a period specified in the enactment ends, or

(b) an event specified in the enactment occurs.

(2) The pre-commencement enactment is to be read as if it instead it provided for the subordinate legislation—

(a) to be subject to the Senedd confirmation procedure referred to in section 37D, and

(b) to be made by Welsh statutory instrument.

Instruments that may be made but are subject to annulment by resolution of Senedd Cymru

5 (1) This paragraph applies where the pre-commencement enactment provides or has the effect of providing that the subordinate legislation, or the statutory instrument containing it—

(a) is subject to annulment in pursuance of a resolution of Senedd Cymru, or

(b) may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.

(2) The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—

(a) to be subject to the Senedd annulment procedure referred to in section 37E, and

(b) to be made by Welsh statutory instrument.

Other instruments to be laid before Senedd Cymru

6 (1) This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that the subordinate legislation, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3, 4 or 5.

(2) The pre-commencement enactment is to be read as if—

(a) it provides for the subordinate legislation to be made by Welsh statutory instrument;

(b) it provides, or has the effect of providing, that the statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this).

(3) But sub-paragraph (2)(b) does not apply to a statutory instrument that is—

(a) classified by the responsible authority as a local instrument,

(b) subject to special Senedd procedure, or

(c) made under an enactment specified by the Welsh Ministers by regulations.

(4) In sub-paragraph (3)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.

Power to make amendments consequential upon this Schedule

7 The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.

(introduced by section 37H)

SCHEDULE 1B E+W APPLICATION OF PART 2A TO JOINT OR COMPOSITE LEGISLATION

PART 1 E+W INTERPRETATION

Interpretation

1 In this Schedule—

• “post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;

• “pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;

• “statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).

PART 2 E+W JOINT OR COMPOSITE INSTRUMENTS MADE UNDER PRE-COMMENCEMENT ENACTMENTS

Application of Part

2 This Part applies in relation to subordinate legislation that is to be made under a pre-commencement enactment—

(a) by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));

(b) by statutory instrument.

Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—

(a) may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b) may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2) The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.

Instruments that may be made but must be confirmed by resolution of Senedd Cymru

4 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymr‍u, but‍ ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—

(a) a period specified in the enactment ends, or

(b) an event specified in the enactment occurs.

(2) The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.

Instruments that may be made but are subject to annulment by resolution of Senedd Cymru

5 (1) This paragraph applies where the pre-commencement enactment provides or has the effect of providing that a statutory instrument containing subordinate legislation—

(a) is subject to annulment in pursuance of a resolution of Senedd Cymru, or

(b) may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.

(2) The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.

Other instruments to be laid before Senedd Cymru

6 (1) This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that a statutory instrument containing subordinate legislation is subject to any of the procedures referred to in paragraphs 3, 4 or 5.

(2) The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the subordinate legislation, or the statutory instrument containing it, must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.

PART 3 E+W JOINT OR COMPOSITE INSTRUMENTS MADE UNDER POST-COMMENCEMENT ENACTMENTS

Application of Part

7 This Part applies in relation to subordinate legislation that is to be made under a post-commencement enactment—

(a) by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));

(b) by statutory instrument.

Application of Senedd approval procedure

8 (1) This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd approval procedure”.

(2) The subordinate legislation is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.

Application of Senedd confirmation procedure

9 (1) This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd confirmation procedure”.

(2) The subordinate legislation is subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.

Application of Senedd annulment procedure

10 (1) This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd annulment procedure”.

(2) The subordinate legislation is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.

Application of requirement to lay statutory instrument before Senedd Cymru

11 (1) This paragraph applies where the post-commencement enactment does not provide that subordinate legislation is subject to—

(a) the Senedd approval procedure,

(b) the Senedd confirmation procedure, or

(c) the Senedd annulment procedure.

(2) The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.

PART 4 E+W MODIFIED SENEDD PROCEDURES FOR JOINT OR COMPOSITE INSTRUMENTS

Modified Senedd approval procedure

12 (1) Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to the subordinate legislation to which this Schedule applies.

(2) The subordinate legislation may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

Modified Senedd confirmation procedure

13 (1) Sub-paragraphs (2) to (6) are a modification of the Senedd confirmation procedure in section 37D that is applicable to the subordinate legislation to which this Schedule applies.

(2) The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made.

(3) But the subordinate legislation contained in the statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—

(a) a period specified in the enactment ends, or

(b) an event specified in the enactment occurs.

(4) Where the subordinate legislation ceases to have effect under sub-paragraph (3)—

(a) in so far as the subordinate legislation is not in force when it ceases to have effect, 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) His Majesty may, by Order in Council, revoke the instrument.

(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) An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified Senedd annulment procedure

14 (1) Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to the subordinate legislation to which this Schedule applies.

(2) The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and sub-paragraph (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 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) His Majesty may, by Order in Council, revoke the instrument.

(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 sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the 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 sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (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 in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified procedure for laying statutory instrument before Senedd Cymru

15 (1) Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to the subordinate legislation to which this Schedule applies.

(2) The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made; and sub-paragraph (3) applies if the instrument is not laid before the subordinate legislation comes into force.

(3) If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the subordinate legislation contained in it came into force.

(4) The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

PART 5 E+W CONSEQUENTIAL AMENDMENTS

Power to make amendments consequential upon this Schedule

16 The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.

(introduced by section 37H)

SCHEDULE 1C E+W APPLICATION OF PART 2A TO ORDERS IN COUNCIL

PART 1 E+W INTERPRETATION

Interpretation

1 In this Schedule—

• “post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;

• “pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;

• “statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning of section 1 of the Statutory Instruments Act 1946 (c. 36).

PART 2 E+W ORDERS IN COUNCIL MADE UNDER PRE-COMMENCEMENT ENACTMENTS

Application of Part

2 This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a pre-commencement enactment.

Orders in Council that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council—

(a) may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b) may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2) The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.

Orders in Council that may be made but are subject to annulment by resolution of Senedd Cymru

4 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to annulment in pursuance of a resolution of Senedd Cymru.

(2) The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.

Other Orders in Council to be laid before Senedd Cymru

5 (1) This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.

(2) This paragraph also applies where—

(a) the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and

(b) the pre-commencement enactment does not provide, or have the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3 or 4 or that it must be laid before Senedd Cymru.

(3) The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.

PART 3 E+W ORDERS IN COUNCIL MADE UNDER POST-COMMENCEMENT ENACTMENTS

Application of Part

6 This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a post-commencement enactment.

Application of Senedd approval procedure

7 (1) This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd approval procedure”.

(2) The Order in Council is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.

Application of Senedd annulment procedure

8 (1) This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd annulment procedure”.

(2) The Order in Council is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.

Application of requirement to lay statutory instrument before Senedd Cymru

9 (1) This paragraph applies where the post-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.

(2) This paragraph also applies where—

(a) the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and

(b) the post-commencement enactment does not provide that the Order in Council, or the statutory instrument containing it, is subject to—

(i) the Senedd approval procedure,

(ii) the Senedd confirmation procedure, or

(iii) the Senedd annulment procedure,

or that it must be laid before Senedd Cymru.

(3) The statutory instrument containing the Order in Council must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.

PART 4 E+W MODIFIED SENEDD PROCEDURES FOR ORDERS IN COUNCIL

Modified Senedd approval procedure

10 (1) Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to an Order in Council.

(2) The Order in Council may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

Modified Senedd annulment procedure

11 (1) Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to an Order in Council.

(2) The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the Order in Council comes into force.

(3) Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the Order in Council be annulled.

(4) Where the Order in Council is annulled—

(a) in so far as the Order in Council is not in force on the date of the resolution, the Order in Council does not come into force after that date (despite any provision in it for its coming into force),

(b) in so far as the Order in Council is in force on that date, nothing further is to be done or continued under, or in reliance on, the Order in Council after that date, and

(c) His Majesty may, by Order in Council, revoke the instrument.

(5) But any such resolution or revocation does not affect—

(a) the validity of anything previously done under the instrument, or

(b) the making of a new Order in Council.

(6) If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the Order in Council 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 sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (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 in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified procedure for laying statutory instrument before Senedd Cymru

12 (1) Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to an Order in Council.

(2) The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made; and sub-paragraph (3) applies if the instrument is not laid before the Order in Council comes into force.

(3) If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the Order in Council contained in it came into force.

(4) The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

PART 5 E+W CONSEQUENTIAL AMENDMENTS

Power to make amendments consequential upon this Schedule

13 The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.”

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 9(4)

2 Road traffic orders not required to be made by Welsh statutory instrument E+W

(1) In section 325 of the Highways Act 1980 (c. 66) (provisions as to regulation, schemes and orders), after subsection (1) insert—

“(1A) But powers conferred by this Act on the Welsh Ministers are not exercisable by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) where provision made under the power—

(a) is of temporary application, or

(b) is not subject to the Senedd approval procedure, the Senedd confirmation procedure or the Senedd annulment procedure;

(and a power conferred by this Act on the Welsh Ministers to make such a provision includes a power to revoke or vary the provision, which is not exercisable by Welsh statutory instrument).”

(2) In section 124 of the Road Traffic Regulation Act 1984 (c. 27) (provisions as to orders), after subsection (2) insert—

“(3) But‍ in relation to the exercise by the Welsh Ministers of a power to make an order under or by virtue of sections 1, 9, 14, 16A, 29 or 84—

(a) the requirement in subsection (2) to make the order by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) does not apply, and

(b) the Welsh Ministers’ power includes a power to make an order to revoke or vary an order previously made under or by virtue of those sections, and the requirement in subsection (2) does not apply to such an order.”

Commencement Information

I2 S. 2 in force at 10.9.2025, see s. 9(2)(a)

Prospective

PART 2 E+W PUBLICATION ETC. OF WELSH LEGISLATION

3 New Part 2B of the Legislation (Wales) Act 2019 E+W

In the Legislation (Wales) Act 2019 (anaw 4), after Part 2A (as inserted by Part 1 of this Act) insert—

“PART 2B E+W PUBLICATION ETC. OF WELSH LEGISLATION

Introduction E+W

37I The King’s Printer for Wales

The King’s Printer of Acts of Parliament is to exercise the functions conferred by this Part on the King’s Printer for Wales in respect of Acts of Senedd Cymru, Welsh statutory instruments and related documents.

Preservation and publication of Acts of Senedd Cymru E+W

37J Numbering of Acts of Senedd Cymru

(1) Acts of Senedd Cymru are to be numbered in relation to each calendar year—

(a) consecutively (starting with number 1),

(b) in the order in which, during that year, the Bill for each Act received Royal Assent, and

(c) using the prefix “asc”.

(2) Accordingly, on each copy of an Act of Senedd Cymru on which the Clerk of‍ the Senedd writes the Royal Assent date of that Act (in accordance with section 115(5) of the Government of Wales Act 2006 (c. 32)), the Clerk must also write—

(a) the calendar year in which the Bill for that Act received Royal Assent, and

(b) the prefix and number of that Act.

(3) The calendar year, prefix and number written on the copy of the Act form part of the Act.

37K Official prints and certified copies of Acts of Senedd Cymru

(1) The copy of an Act of Senedd Cymru on which the Clerk of‍ the Senedd writes the Royal Assent date, the calendar year, prefix and number is to be known as the “official print” of the Act.

(2) The Clerk of‍ the Senedd must—

(a) make a copy of the official print and certify it as a true copy, and

(b) send—

(i) the official print to the National Library of Wales, and

(ii) the certified copy of the official print to the King’s Printer for Wales.

(3) The certified copy of the official print of an Act may be in electronic form.

37L Preservation of Acts of Senedd Cymru

The National Library of Wales must ensure that an official print of an Act of Senedd Cymru received by it—

(a) is preserved, and

(b) is available for public inspection at all reasonable times.

37M Publication of Acts of Senedd Cymru

(1) The King’s Printer for Wales must publish the certified copy of the official print of an Act of Senedd Cymru as soon as practicable after receiving it.

(2) The King’s Printer for Wales must also publish, as soon as practicable after receiving it, any document related to the certified copy of the official print of an Act of Senedd Cymru that—

(a) the Clerk of‍ the Senedd asks the King’s Printer for Wales to publish;

(b) the Welsh Ministers ask the King’s Printer for Wales to publish.

(3) In this section, the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies).

Preservation and publication of Welsh statutory instruments E+W

37N Official versions and certified copies of Welsh statutory instruments

(1) As soon as practicable after a Welsh statutory instrument is made, the responsible authority must make and send a certified copy of the instrument to—

(a) the National Library for Wales, and

(b) the King’s Printer for Wales.

(2) When sending a certified copy of a Welsh statutory instrument to the King’s Printer for Wales in accordance with subsection (1)(b), the responsible authority must also provide the following information—

(a) the date on which the instrument was made;

(b) the date or dates the instrument comes into force, or a description of how it is to come into force;

(c) the subject heading or headings that the responsible authority has assigned to the instrument, based on its subject matter;

(d) the Senedd procedure (see Part 2A) to which the subordinate legislation contained in the instrument is subject.

(3) A certified copy of a Welsh statutory instrument—

(a) is a copy of that instrument that is certified by the responsible authority as being a true copy, and

(b) may be in electronic form.

(4) The requirement to send a certified copy of a Welsh statutory instrument to the National Library for Wales does not apply to an instrument classified by the responsible authority as a local instrument.

37O Preservation of Welsh statutory instruments

The National Library of Wales must ensure that a certified copy of a Welsh statutory instrument it receives from a responsible authority is—

(a) preserved, and

(b) available for public inspection at all reasonable times.

37P Numbering and classification of Welsh statutory instruments

(1) Welsh statutory instruments are to be—

(a) allocated to the series of Welsh statutory instruments for the calendar year in which they are made;

(b) numbered within that series—

(i) consecutively (starting with number 1), and

(ii) as nearly as may be in the order in which they are received.

(2) Accordingly, as soon as practicable after receiving a certified copy of a Welsh statutory instrument, the King’s Printer for Wales must—

(a) allocate and number the instrument in accordance with subsection (1), and

(b) affirm the subject heading or headings assigned to the instrument by the responsible authority.

(3) When assigning a number to a Welsh statutory instrument in accordance with subsection (2), the King’s Printer for Wales may assign a further, subsidiary, number to the instrument (within the series to which the instrument is allocated).

37Q Publication of Welsh statutory instruments

(1) This section applies where the King’s Printer for Wales has received—

(a) a certified copy of a Welsh statutory instrument sent in accordance with section 37N(1), and

(b) the information referred to in section 37N(2) relating to the instrument.

(2) The King’s Printer for Wales must, as soon as practicable, publish the instrument in the form shown in the certified copy and, in doing so, incorporate the following matters—

(a) the series heading “WELSH STATUTORY INSTRUMENTS”;

(b) the calendar year of the series of Welsh statutory instruments to which the instrument has been allocated in accordance with section 37P(1)(a), followed by “No.” and the number assigned to it in accordance with section 37P(1)(b) (for example, “2026 No. 1”);

(c) the subject heading or headings of the instrument affirmed under section 37P(2)(b);

(d) a statement showing the date on which the instrument was made;

(e) except in the case of an instrument that makes provision only in respect of when another enactment is to come into force, a statement showing the date or dates the instrument comes into force or describing how the instrument is to come into force.

(3) The King’s Printer for Wales must also publish, as soon as practicable after receiving it, any document related to a certified copy of a Welsh statutory instrument that the responsible authority asks the King’s Printer for Wales to publish.

(4) In this section, the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies).

37R Publication of Welsh statutory instruments subject to Senedd confirmation procedure

(1) This section applies where a Welsh statutory instrument contains subordinate legislation that has effect subject to the Senedd confirmation procedure (as to which see section 37D).

(2) The responsible authority must, as soon as practicable, notify the King’s Printer for Wales—

(a) that the instrument has been confirmed by Senedd Cymru or has ceased to have effect as a result of not being confirmed (as the case may be), and

(b) of the date on which that occurred.

(3) Where the King’s Printer for Wales has been notified that the Welsh statutory instrument has been confirmed by Senedd Cymru, in publishing the instrument the King’s Printer for Wales must incorporate (in addition to the matters mentioned in section 37Q(2)) a statement showing that the instrument has been confirmed.

37S Proceedings for offence under unpublished Welsh statutory instrument: defence

(1) This section applies to proceedings against a person for an offence consisting of a contravention of a provision in subordinate legislation contained in a Welsh statutory instrument.

(2) It is a defence for the person to prove that, at the date of the alleged contravention, the instrument had not been published by the King’s Printer for Wales in accordance with section 37Q.

(3) But this defence is not available if it is proved that other reasonable steps had been taken before that date, by or on behalf of the responsible authority, to bring the offence to the notice of—

(a) the public,

(b) persons likely to be affected by it, or

(c) the person charged.

(4) Subsections (2) and (3) do not affect any enactment or rule of law relating to the time at which any subordinate legislation made by Welsh statutory instrument comes into force.

37T Draft Welsh statutory instruments

(1) The King’s Printer for Wales must publish, as soon as practicable after receiving it, a certified copy of a draft of a Welsh statutory instrument that the responsible authority asks the King’s Printer for Wales to publish.

(2) A certified copy of a draft of a Welsh statutory instrument—

(a) is a copy of that draft that is certified by the responsible authority as being a true copy, and

(b) may be in electronic form.

(3) In this section—

(a) the requirement to publish means publishing online (but see also section 37Y in relation to the sale of printed copies);

(b) “the responsible authority” means the person who would be the responsible authority if the Welsh statutory instrument were made.

Publication of Welsh legislation in up-to-date form E+W

37U Publication of effects of legislation

(1) Where an Act of Senedd Cymru or Welsh statutory instrument contains one or more provisions that amend, repeal or revoke enactments, the King’s Printer for Wales must prepare and publish a table showing the effects of the Act or instrument on those enactments.

(2) A table relating to an Act of Senedd Cymru must be published as soon as practicable after the certified copy of the official print of the Act is published under section 37M.

(3) A table relating to a Welsh statutory instrument must be published as soon as practicable after the instrument is published under section 37Q.

(4) In this section the requirement to publish means publishing online.

37V Publication of Welsh legislation as amended

(1) This section applies where an enactment amends Welsh legislation.

(2) The King’s Printer for Wales must publish the legislation as it has been amended.

(3) The King’s Printer for Wales must, so far as practicable, fulfil the duty in subsection (2) from the time an amendment comes into force.

(4) Where an amendment has not yet come into force, the King’s Printer for Wales may also publish the legislation as it will be amended, if it clearly indicates that the amendment has not yet come into force.

(5) In this section—

(a) the requirement to publish means publishing online;

(b) “Welsh legislation” means—

(i) an Assembly Measure or Act of Senedd Cymru;

(ii) a Welsh statutory instrument.

Legislation record E+W

37W Record of Welsh legislation

(1) The King’s Printer for Wales must maintain and publish a record that includes—

(a) the information referred to in subsection (2) about each Act of Senedd Cymru published under section 37M;

(b) the information referred to in subsection (3) about each Welsh statutory instrument published under section 37Q.

(2) The information (in relation to Acts of Senedd Cymru) is—

(a) the title;

(b) the calendar year it received Royal Assent;

(c) the prefix and number written on the Act in accordance with section 37J;

(d) the date on which the certified copy of the official print of the Act was published.

(3) The information (in relation to Welsh statutory instruments) is—

(a) the title;

(b) the calendar year it was made;

(c) the number assigned to it under section 37P(2);

(d) the date on which the instrument was published.

(4) In this section the requirement to publish means publishing online.

37X Evidential status of record

In any legal proceedings the date in the record published in accordance with section 37W in respect of a Welsh statutory instrument is to be treated as conclusive evidence of the date on which the instrument was first published by the King’s Printer for Wales.

King’s Printer for Wales: printing and selling E+W

37Y Printing and selling Welsh legislation and related documents

(1) The King’s Printer for Wales may print and sell copies of any of the following documents—

(a) an Assembly Measure;

(b) an Act of Senedd Cymru;

(c) a Welsh statutory instrument;

(d) a draft of a Welsh statutory instrument;

(e) explanatory notes for an Assembly Measure or Act of Senedd Cymru;

(f) any other document related to an Assembly Measure or Act of Senedd Cymru, if the Clerk of‍ the Senedd or the Welsh Ministers have asked for the document to be published;

(g) any document related to a Welsh statutory instrument, if the responsible authority has asked for the document to be published.

(2) Subsections (3) and (4) apply where the King’s Printer for Wales receives a request from any person for a printed copy of any of the following documents—

(a) an Assembly Measure;

(b) an Act of Senedd Cymru;

(c) a Welsh statutory instrument, other than an instrument classified by the responsible authority as a local instrument;

(d) explanatory notes for an Assembly Measure or Act of Senedd Cymru, if the Clerk of‍ the Senedd or the Welsh Ministers have asked for them to be published.

(3) The King’s Printer for Wales must print a copy of the document and send it to the address specified by the person who made the request.

(4) But the King’s Printer for Wales may impose a charge for printing and sending a copy of a document in accordance with subsection (2), and need not print and send a copy of the document until the charge has been paid.

Publication of subordinate legislation not made by Welsh statutory instrument E+W

37Z Welsh Ministers to publish subordinate legislation not made by statutory instrument

(1) This section applies to a Welsh subordinate instrument, within the meaning given by section 3(2), containing only subordinate legislation that—

(a) is made by the Welsh Ministers, and

(b) is not required to be made by Welsh statutory instrument (and in consequence is not subject to the requirements that apply to such an instrument under this Part).

(2) The Welsh Ministers must prepare and publish a determination about the numbering and classification of Welsh subordinate instruments to which this section applies.

(3) The Welsh Ministers must, as soon as practicable after making such an instrument—

(a) allocate a number and year to the instrument in accordance with the determination,

(b) classify the instrument in accordance with the subject matter of the instrument or any other matter referred to in the determination, and

(c) publish the instrument online.

General E+W

37Z1 References to Welsh statutory instruments

A Welsh statutory instrument may be referred to—

(a) by its title in Welsh or English (whether or not the provision conferring the title is in force), or

(b) by the prefix “W.S.I.” and its year and number (for example “W.S.I. 2026/1”), where—

(i) the year is the calendar year of the series of Welsh statutory instruments to which the instrument was allocated in accordance with section 37P(1)(a);

(ii) the number is the number assigned to the instrument in accordance with section 37P(1)(b).

37Z2 The King’s Printer for Wales: delegation of functions

(1) A function conferred on the King’s Printer for Wales under this Part may be carried out on the King’s Printer for Wales’ behalf by another person authorised by the King’s Printer for Wales.

(2) Where a function is carried out by another person by virtue of subsection (1)—

(a) the King’s Printer for Wales remains responsible for the carrying out of the function, and

(b) anything done by the person authorised under that subsection in pursuance of the authorisation is to be treated as done by the King’s Printer for Wales.”

Commencement Information

I3 S. 3 not in force at Royal Assent, see s. 9(4)

PART 3 E+W REPEALS OF WELSH LEGISLATION

4 Repeals and connected amendments E+W

Schedule 1 contains—

(a) repeals of certain enactments (including by amending those enactments to disapply them in relation to Wales) that are no longer of practical utility or benefit;

(b) provision in connection with those repeals.

Commencement Information

I4 S. 4 in force at 10.9.2025, see s. 9(2)(b)

PART 4 E+W GENERAL

Prospective

5 Post-legislative scrutiny E+W

After section 42 of the Legislation (Wales) Act 2019 (anaw 4), insert—

“42A Review of Parts 2A and 2B of this Act

(1) The Counsel General must review the operation and effect of Parts 2A and 2B.

(2) The review must be carried out during the period—

(a) beginning two years after the day on which those Parts come into force, and

(b) ending no later than three years after that day.

(3) As part of the review the Counsel General must consult the Presiding Officer and the Clerk of the Senedd, and any other person the Counsel General considers appropriate.

(4) The next annual report prepared by the Counsel General under section 2(7) after the review has been completed must contain—

(a) information about the matters considered as part of the review, and

(b) the Counsel General’s conclusions.”

Commencement Information

I5 S. 5 not in force at Royal Assent, see s. 9(4)

Prospective

6 Activities to improve accessibility of Welsh law E+W

After paragraph (d) of section 2(3) of the Legislation (Wales) Act 2019 (anaw 4), insert—

“(e) resolve any ambiguities, and correct any errors, in Welsh law.”

Commencement Information

I6 S. 6 not in force at Royal Assent, see s. 9(4)

7 Minor amendments to the Legislation (Wales) Act 2019 E+W

Schedule 2 contains minor amendments to the Legislation (Wales) Act 2019 (anaw 4).

Commencement Information

I7 S. 7 in force at 10.9.2025, see s. 9(2)(c)

Prospective

8 Consequential amendments E+W

Schedule 3 contains amendments consequential upon this Act.

Commencement Information

I8 S. 8 not in force at Royal Assent, see s. 9(4)

9 Coming into force E+W

(1) This section and section 10 come into force on the day after the day on which this Act receives Royal Assent.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a) section 2, except that the references to a “Welsh statutory instrument” in the text inserted by subsections (1) and (2) are to be read as a “statutory instrument” until Part 2A of the Legislation (Wales) Act 2019 comes into force;

(b) section 4;

(c) section 7;

(d) Schedule 1;

(e) Schedule 2.

(3) But if paragraph 29(2) of Schedule 8 to the Levelling-up and Regeneration Act 2023 (c. 55) (amendment to section 1(1) of the Planning and Energy Act 2008 (c. 21)) is not in force at the end of the period mentioned in subsection (2), paragraph 22(2)(a)(i) of Schedule 1 comes into force when paragraph 29(2) of Schedule 8 to that Act comes into force.

(4) The other provisions of this Act come into force on a day (or days) appointed by the Welsh Ministers in an order made by statutory instrument.

(5) An order under subsection (4) may include transitional or saving provision.

Commencement Information

I9 S. 9 in force at 11.7.2025, see s. 9(1)

10 Short title E+W

This Act may be referred to as—

(a) the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025, or

(b) Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025.

Commencement Information

I10 S. 10 in force at 11.7.2025, see s. 9(1)