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

I1 S. 3 not in force at Royal Assent, see s. 9(4)