Commentary on Sections

Section 150 – Orders and regulations

299.Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument, the majority of which will be subject to the negative resolution procedure. The statutory instruments listed in subsection (2) must be made by affirmative procedure which means that the National Assembly for Wales has an opportunity to debate the matter and must approve the statutory instrument before it can be made. Statutory instruments to which the affirmative procedure applies include amongst others: orders amending Schedule 6 or 8, orders specifying standards, orders providing for the standards to be specifically applicable, orders altering the maximum amount of civil penalty, orders which contain a provision amending, repealing or modifying an enactment, regulations making provision about the appointment of the Commissioner and orders altering the amount of public money specified in the Schedule 5 table.

300.The Welsh Ministers power to make an order or regulations under this Measure includes the power to:

301.Where the Welsh Ministers have power under section 155(3) to commence a repeal of provisions of the Welsh Language 1993, they may provide for different commencement for different jurisdictions.

302.In this section “primary legislation” means an Act of Parliament, or a Measure or Act of the Assembly.