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

Schedule 1A - Application of Part 2A to pre-commencement enactments

56. This Schedule applies the provisions of Part 2A to Welsh subordinate legislation made by statutory instrument under “pre-commencement enactments”, in other words enactments that were enacted or made before Part 2A comes into effect.

57. Schedule 1A has the effect that where existing powers of the Welsh Ministers or a devolved Welsh authority provide that subordinate legislation made under those powers is to be made as a “statutory instrument” (within the meaning given by section 1 of the 1946 Act), it will instead be made as a Welsh statutory instrument. Schedule 1A also provides that where an existing enactment prescribes a particular procedure by which subordinate legislation is to be made, the procedure will instead be one of the new codified procedures set out in section 37C, 37D or 37E. Where an existing enactment does not prescribe a procedure, the Welsh statutory instrument containing the subordinate legislation must be laid under section 37F. This is summarised in Table A below:

Table A – Effect of Schedule 1A on pre-commencement enactments

Pre-commencement enactment provisions	Effect of Schedule 1A
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 1A	Subordinate legislation is made as a Welsh statutory instrument under the Senedd approval procedure – paragraph 3(2) of Schedule 1A
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 1A
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 1A	Subordinate legislation is made as a Welsh statutory instrument under the Senedd confirmation procedure – see paragraph 4(2) of Schedule 1A
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 1A	Subordinate legislation is made as a Welsh statutory instrument under the Senedd annulment procedure – see paragraph 5(2) of Schedule 1A
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 1A
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 1A	Subordinate legislation is made as a Welsh statutory instrument and laid before the Senedd – see paragraph 6(2), and note exceptions at paragraph 6(3), of Schedule 1A
The subordinate legislation is not subject to any procedure and no requirement to lay the statutory instrument before the Senedd (known as ‘no procedure’) – see paragraph 6(1) of Schedule 1A

58. The Welsh Ministers may, by regulations, amend enactments to reflect the effect of Schedule 1A (see paragraph 7 of this Schedule). This could be used, for example, to replace existing references to “instruments being subject to annulment in pursuance of a resolution of Senedd Cymru”, with a reference to the Welsh statutory instrument being made “under the Senedd annulment procedure”.