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PART 11 E+WSUPPLEMENTARY

150Orders and regulationsE+W

(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a)an order under section 20(4)(a) or (b) (application of section 20 to persons other than Public Services Ombudsman for Wales etc) that amends provision of primary legislation;

(b)an order under section 21(7) (amendment of definition of “ombudsman”);

(c)an order under section 21(8) (provision in connection with order under section 21(7)) that amends primary legislation;

(d)an order under section 22(10) (amendment of definition of “permitted person”);

(e)regulations under section 26(1) or (2) (specification of standards etc);

(f)an order under section 35 or 38 (amendment of Schedule 6 or 8), apart from an order containing provision under that section all of which is of the kind referred to in subsection (4);

(g)regulations under section 39 (standards that are specifically applicable);

(h)an order under section 42 (amendment of Schedule 9);

(i)regulations under section 68 (supply of information to Commissioner);

(j)an order under section 83(7) (alteration of maximum amount of civil penalty);

(k)an order under section 154 (transitional and consequential provision etc) that contains a provision amending, repealing or otherwise modifying an enactment (other than an enactment contained in subordinate legislation);

(l)regulations under paragraph 7(1) of Schedule 1 (provision about the appointment of the Commissioner);

(m)an order under paragraph 8(1) of Schedule 1 (exercise of Commissioner's functions by Welsh Ministers) that amends this Measure;

(n)an order under paragraph 1 of Schedule 5 (alteration of amount of public money specified in the Schedule 5 table).

(3)Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 156 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4)The provision mentioned in subsection (2)(f) is provision amending a reference to a person in the person's entry in the Schedule 6 table or Schedule 8 table in consequence of a change in that person's name.

(5)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—

(a)to make different provision for different cases, different purposes, or different geographical areas;

(b)to make provision generally or in relation to specific cases;

(c)to make such transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers think necessary or appropriate.

(6)The power of the Welsh Ministers under section 155(3) also includes, in the case of the commencement of the repeal of provision in the Welsh Language Act 1993, power to provide for different commencement for different jurisdictions.

(7)In this section “primary legislation” means an Act of Parliament or a Measure or Act of the Assembly.