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Rights of Children and Young Persons (Wales) Measure 2011

Section 10 – Orders

83.Subsection (1) – This provides that any order made under this Measure must be made by statutory instrument. This means that the instrument is subject to procedural and other requirements which are set out in the Statutory Instruments Act  1946.

84.Subsection (2) – This provides that an order under section 6 (power to amend legislation) or 7 (application to young persons) must not be made unless a draft of the order has been laid before the Assembly and approved by a resolution of the Assembly.

85.Subsection (3) – This provides that 40 days (calculated in accordance with subsection (6)) must pass before the Assembly can vote to approve or reject the draft of an order under section 6 or 7. The purpose of this provision is to ensure that the Assembly has a certain minimum amount of time to scrutinise the drafts of orders under section 6 or 7, before having to decide whether to vote to approve them.

86.Subsection (4) – This provides that a draft of an order under section 8 (power to reflect changes to the Convention etc) must be laid before the Assembly before it can be made, and that it cannot be made until 40 days (calculated in accordance with subsection (6)) has passed. The purpose of this provision is to give the Assembly an opportunity to scrutinise orders under section 8 in draft before the Welsh Ministers make them.

87.Subsection (5) – This provides that section 6(1) of the Statutory Instruments Act 1946 does not apply to a draft of an order under section 8.  Without subsection (5), the effect of section 6(1) of the Statutory Instruments Act 1946 would be to prevent the Welsh Ministers from making an order under section 8 if the Assembly passed a resolution that they should not do so.

88.Subsection (6) – This provides how the period of 40 days referred to in subsection (3) and (4) is to be calculated.

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Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.


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