http://www.legislation.gov.uk/ukpga/1998/38/section/44/enactedGovernment of Wales Act 1998LegislationOverview and scrutiny committeesKing's Printer of Acts of Parliament2021-08-03 Government of Wales Act 1998Government of Wales Act 1998 (c. 38)Sch. 1 para. 5A 5BPolitical Parties, Elections and Referendums Act 2000Sch. 3 para. 10(5) Part II 44 1 This section applies where a function to make subordinate legislation (including a function conferred or imposed by, or after the passing of, this Act) has been transferred to, or made exercisable by, the Assembly by an Order in Council under section 22. 2 Subject to subsections (4) and (5), any relevant Parliamentary procedural provision relating to the function shall not have effect in relation to the exercise of the function by the Assembly. 3 For the purposes of this Act “relevant Parliamentary procedural provision” means provision— a requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament, b for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, c prohibiting the making of any such instrument without that approval, d for any such instrument to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), or e requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure. 4 Subsection (2) does not apply in the case of any instrument made in the exercise of the function, or a draft of any such instrument, if it— a contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Assembly), b contains (or confirms or approves) subordinate legislation relating to an English border area, or c contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales). 5 Where a function transferred to, or made exercisable by, the Assembly by an Order in Council under section 22 is subject to a provision of the description specified in subsection (3)(e), the Order in Council may provide that— a any order made by the Assembly in the exercise of the function, or b any order so made in circumstances specified in the Order in Council, is to be subject to special parliamentary procedure. 6 In this section “make” includes confirm or approve and related expressions (except “made exercisable”) shall be construed accordingly; but an instrument (or draft) does not fall within subsection (4)(a) just because it contains subordinate legislation made (or to be made) by the Assembly with the agreement of a Minister of the Crown or government department. 1945 c. 18 (9 & 10 Geo.6).