(1)In their application to Wales—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Part IV, and
(c)section 105(2),
have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(2)Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.
(3)Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.
(4)Subsection (3) does not affect the power to make further Orders varying or omitting that reference.
[F2(5)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) [F4or regulations made under [F5section 11(9),] section 53(11) or (subject to subsection (6A)) section 54(5)] is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
[F6(6A)Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.]
(7)A statutory instrument which contains an order under section 21G [F7or regulations under section 52A(3)] [F8or regulations under section 69F] 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.]
Textual Amendments
F1S. 106(1)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 71, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F2S. 106(5)-(7) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 176(1), 178(3); S.I. 2012/1187, art. 2(1)(p)
F3S. 106(5) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(4)(a), 175(7); S.I. 2021/231, art. 6(l)
F4Words in s. 106(6) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(4)(b), 75(3); S.I. 2015/1182, art. 2(e)
F5Words in s. 106(6) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 4; S.I. 2021/231, art. 6(u)
F6S. 106(6A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(4)(c), 75(3); S.I. 2015/1182, art. 2(e)
F7Words in s. 106(7) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(4)(b), 175(7); S.I. 2021/231, art. 6(l)
F8Words in s. 106(7) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 6; S.I. 2022/98, art. 2(b) (with art. 3)