Bus Services (Wales) Act 2026

42 Regulations under this Act

(1) A power to make regulations under this Act is exercisable by Welsh statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes and for different areas.

(3) A power to make regulations under this Act includes power to make—

(a) supplementary, incidental and consequential provision;

(b) transitional and saving provision.

(4) The provision that may be made by virtue of subsection (3) includes provision modifying any enactment (whenever enacted or made, and including this Act).

(5) A Welsh statutory instrument to which this subsection applies is subject to the Senedd approval procedure.

(6) Subsection (5) applies to a Welsh statutory instrument containing regulations under any of the following provisions—

(a) section 16(5) (revocation and suspension of local bus service permits);

(b) section 23(3) (application of restriction in section 23);

(c) section 25(2)(b) (other orders that may be made by traffic commissioner in respect of breach of restriction in section 23);

(d) section 25(9)(a)(i) and (b)(i) (determination of upper limit for penalties for breach of restriction in section 23);

(e) section 27 (provision of information to the Welsh Ministers for the purposes of functions under Part 2 or 3);

(f) section 28 (provision of information about infrastructure and other matters to the Welsh Ministers by local authorities and community councils);

(g) section 29 (information to be made available to the public);

(h) section 30 (provision of information to the Welsh Ministers for the purposes of section 29);

(i) section 32(2)(b) (other orders that may be made by traffic commissioner in respect of failure to comply with requirement to provide information);

(j) section 32(9)(a)(i) and (b)(i) (determination of upper limit for penalties for failure to comply with requirement to provide information);

(k) section 37(1) and (3) (application of TUPE);

(l) section 44(3) (meaning of operator).

(7) Subsection (5) also applies to a Welsh statutory instrument containing regulations under any provision not mentioned in subsection (6), where the regulations modify any provision of primary legislation.

(8) Any other Welsh statutory instrument containing regulations under this Act is subject to the Senedd annulment procedure.

(9) In this section, “primary legislation” means any of the following—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.