Schedule 1B - Application of Part 2A to joint or composite legislation
59.This Schedule applies the provisions of Part 2A to subordinate legislation made by the Welsh Ministers and another person (other than a devolved Welsh authority) by statutory instrument. Some enactments require the Welsh Ministers to make subordinate legislation jointly with another person, for example a Secretary of State (the result is known as a “joint instrument”). Sometimes the Welsh Ministers and Secretary of State may choose to exercise their powers to make subordinate legislation in a single instrument (this is known as a “composite instrument”). Schedule 1B applies Part 2A to joint or composite instruments made under “pre-” and “post-commencement enactments”, in other words enactments that were enacted or made before and after Part 2A comes into force.
60.In relation to pre-commencement enactments Schedule 1B has the effect that the subordinate legislation will continue to be made as a “
Table B – Effect of Schedule 1B for pre-commencement enactments (joint or composite instruments)
| Pre-commencement enactment provisions | Effect of Schedule 1B |
| A draft of the statutory instrument containing the subordinate legislation is laid before, and approved by resolution of, Senedd Cymru (known as a ‘draft affirmative’ instrument) – see paragraph 3(1)(a) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd approval procedure set out at paragraph 12 of Schedule 1B |
| The subordinate legislation is made but cannot come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru (known as an ‘affirmative’ instrument) – see paragraph 3(1)(b) of Schedule 1B | |
| The subordinate legislation is made but ceases to have effect unless the statutory instrument containing it is approved by resolution of Senedd Cymru before— (a) the end of a period specified in the enactment, or (b) an event specified in the enactment occurs (known as a ‘made affirmative’ instrument) – see paragraph 4(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd confirmation procedure set out at paragraph 13 of Schedule 1B |
| The subordinate legislation is made as a statutory instrument but is subject to annulment in pursuance of a resolution of Senedd Cymru (known as a ‘negative’ instrument) – see paragraph 5(1)(a) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd annulment procedure set out at paragraph 14 of Schedule 1B |
| The statutory instrument may be laid before Senedd Cymru in draft but the subordinate legislation cannot be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid (known as a ‘draft negative’ instrument) – see paragraph 5(1)(b) of Schedule 1B | |
| The subordinate legislation is not subject to any procedure but the statutory instrument containing it must be laid before the Senedd (known as ‘no procedure but laid’) – see paragraph 6(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument and laid before the Senedd under section 37F as modified (see paragraph 15 of Schedule 1B) |
| The subordinate legislation is not subject to any procedure and there is no requirement to lay the statutory instrument before the Senedd (known as ‘no procedure’) – see paragraph 6(1) of Schedule 1B |
61.In relation to post-commencement enactments the subordinate legislation will be made as a “
Table C – Effect of Schedule 1B for post-commencement enactments (joint or composite instruments)
| Post-commencement enactment provisions | Effect of Schedule 1B |
| Subordinate legislation subject to “Senedd approval procedure” – see paragraph 8(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd approval procedure set out at paragraph 12 of Schedule 1B |
| Subordinate legislation subject to “Senedd confirmation procedure” – see paragraph 9(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd confirmation procedure set out at paragraph 13 of Schedule 1B |
| Subordinate legislation subject to “Senedd annulment procedure” – see paragraph 10(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument under the modified Senedd annulment procedure set out at paragraph 14 of Schedule 1B |
| The subordinate legislation is not subject to a Senedd procedure – see paragraph 11(1) of Schedule 1B | Subordinate legislation is made as a statutory instrument and laid before the Senedd under section 37F as modified (see paragraph 15 of Schedule 1B) |
62.The Welsh Ministers may, by regulations, amend enactments to make provision to reflect the effect of Schedule 1B (see paragraph 16 of this Schedule).
