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

Schedule 1C - Application of Part 2A to Orders in Council

63. This Schedule applies the provisions of Part 2A to subordinate legislation made as an Order in Council when the statutory instrument must be laid before the Senedd. Schedule 1C applies Part 2A to Orders in Council made under “pre-” and “post-commencement enactments”, in other words enactments that were enacted or made before and after Part 2A comes into force.

64. In relation to pre-commencement enactments Schedule 1C ensures that the Order in Council will continue to be made as a “statutory instrument” (rather than as a Welsh statutory instrument) but that where an existing enactment prescribes a particular procedure by which the Order in Council is to be made, the procedure will instead be a modified version of either the Senedd approval procedure (section 37C) or the Senedd annulment procedure (section 37E). Where an existing enactment does not prescribe a Senedd procedure, the Order in Council must be laid under a modified section 37F. This is summarised in Table D below:

Table D – Effect of Schedule 1C for pre-commencement enactments (Orders in Council)

Pre-commencement enactment provisions	Effect of Schedule 1C
A draft of the statutory instrument containing the Order in Council is laid before, and approved by resolution of, Senedd Cymru (known as a ‘draft affirmative’ instrument) – see paragraph 3(1)(a) of Schedule 1C	Subordinate legislation is made as a statutory instrument under the modified Senedd approval procedure set out at paragraph 10 of Schedule 1C
The Order in Council may be 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 1C
The Order in Council 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 4(1) of Schedule 1C	Subordinate legislation is made as a statutory instrument under the modified Senedd annulment procedure set out at paragraph 11 of Schedule 1C
The Order in Council 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 5(1) of Schedule 1C	Subordinate legislation is made as a statutory instrument and laid before the Senedd under section 37F as modified (see paragraph 12 of Schedule 1C)
The Order in Council 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 5(2) of Schedule 1C

65. In relation to post-commencement enactments the Order in Council will be made as a “statutory instrument” (rather than as a Welsh statutory instrument) and where an enactment prescribes a Senedd procedure Schedule 1C modifies sections 37C, 37E and 37F accordingly. This is summarised in Table E below:

Table E – Effect of Schedule 1C for post-commencement enactments (Orders in Council)

Post-commencement enactment provisions	Effect of Schedule 1C
Order in Council subject to “Senedd approval procedure” – see paragraph 7(1) of Schedule 1C	Order in Council made as a statutory instrument under the modified Senedd approval procedure set out at paragraph 10 of Schedule 1C
Order in Council subject to “Senedd annulment procedure” – see paragraph 8(1) of Schedule 1C	Order in Council made as a statutory instrument under the modified Senedd annulment procedure set out at paragraph 11 of Schedule 1C
The Order in Council is not subject to any procedure but the statutory instrument containing it must be laid before the Senedd – see paragraph 9(1) of Schedule 1C	Order in Council made as a statutory instrument and laid before the Senedd under section 37F as modified (see paragraph 12 of Schedule 1C)
The Order in Council is not subject to any procedure and there is no requirement to lay the statutory instrument before the Senedd – see paragraph 9(2) of Schedule 1C

66. The Welsh Ministers may, by regulations, amend enactments to reflect the effect of Schedule 1C (see paragraph 13 of this Schedule).