Commentary on Sections

Part 3- Supplementary and Final Provisions

Section 89 - Orders

210.Section 89 sets out the general provisions that apply to the making of orders under the Measure.  Subsection (1) provides that any power of the Welsh Ministers to make an order under the Measure is exercisable by statutory instrument and includes power to make different provision for different cases, areas, authorities and descriptions of authority; to make provision generally or in relation to specific cases; to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.   Subsections (2)-(4) set out the procedural requirements applying to the making of these orders.  An order made under section 34 is to be made by the negative resolution procedure unless it amends an Act of Parliament or Measure of the National Assembly for Wales, in which case the affirmative resolution procedure applies.