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Government of Wales Act 1998

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This is the original version (as it was originally enacted).

154Orders and directions

(1)Any power of a Minister of the Crown or the Assembly under this Act to make an order shall be exercisable by statutory instrument.

(2)No order to which this subsection applies shall be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(3)Subsection (2) applies—

(a)to an order under section 11, 75(5), 108(2) or (3), 144(8) or 155(2), and

(b)to an order under section 96(5), 117, 133(3), 139(3), 143(3), 144(1) or (4), 146(1), 147(1) or 151 or paragraph 1 of Schedule 7 which contains provisions in the form of amendments or repeals of enactments contained in an Act.

(4)No order shall be made under section 82(6) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.

(5)A statutory instrument containing an order to which this subsection applies shall (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Subsection (5) applies—

(a)to an order under section 3, 15(5), 17, 25, 36(5), 39, 49(1), 96(5), 106(3), 108(7), 117, 118(1)(f), 130(4), 133(3), 136(4), 139(3), 140(5), 143(3), 144(1) or (4), 146(1), 147(1), 151 or 153, paragraph 2 of Schedule 6, paragraph 1 of Schedule 7 or paragraph 17(9) of Schedule 9, and

(b)subject to subsection (7), to an order under section 108(1).

(7)A statutory instrument containing only an order under subsection (1) of section 108 revoking a previous order under that subsection—

(a)shall not be subject to annulment in pursuance of a resolution of either House of Parliament, but

(b)shall be laid before Parliament.

(8)Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

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