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SCHEDULE 2MINOR AMENDMENTS TO THE LEGISLATION (WALES) ACT 2019

(introduced by section 2)

Introduction

1

The Legislation (Wales) Act 2019 (anaw 4) is amended as follows.

References to “Welsh subordinate instrument”

2

In section 3 (legislation to which Part 2 applies), for subsection (3) substitute—

“(3)

References in this Part to an Act of Senedd Cymru are (unless otherwise provided) references to an Act of Senedd Cymru to which this Part applies by virtue of subsection (1).

(3A)

References in this Part to a Welsh subordinate instrument are (unless otherwise provided) references to the subordinate legislation contained in a Welsh subordinate instrument to which this Part applies by virtue of subsection (1).”

Laying documents before Senedd Cymru

3

After section 12 insert—

“Laying documents before Senedd Cymru

12AMeaning of references to laying documents before Senedd Cymru

(1)

This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires the laying of any document (including a Welsh statutory instrument) before Senedd Cymru.

(2)

The reference to laying the document is a reference to taking the action specified in relation to laying a document before Senedd Cymru in the standing orders of the Senedd.”

Exercise of a power or duty that is not in force

4

In section 16—

(a)

in subsection (1), for paragraph (a) and the “or” after it substitute—

“(a)

by a provision in an Act of Senedd Cymru which does not come into force on the day on which the Act receives Royal Assent or the following day, or”;

(b)

after subsection (3) insert—

“(3A)

Subsection (3) does not apply to the exercise of a power or duty to make subordinate legislation unless the subordinate legislation is to come into force before the provision conferring the power or imposing the duty.”;

(c)

after subsection (5) insert—

“(6)

In subsection (1), the references to a provision in an Act of Senedd Cymru or a Welsh subordinate instrument include a provision that amends another enactment.

(7)

Where a provision in an Act of Senedd Cymru or a Welsh subordinate instrument confers or imposes a power or duty by amending another enactment, the references to an Act or instrument in subsections (3)(a) and (b), (4) and (5) include the other enactment as amended.”

Church Measures: effect of references and amendments

5

In section 21(2) (references to portions of enactments)—

(a)

after paragraph (b) insert—

“(ba)

a Measure of the Church Assembly or of the General Synod of the Church of England;”;

(b)

in paragraph (c), for “or (b)” substitute “, (b) or (ba)”.

6

In section 25(4) (references to enactments are to enactments as amended)—

(a)

after paragraph (b) insert—

“(ba)

a Measure of the Church Assembly or of the General Synod of the Church of England;”;

(b)

in paragraph (c), for “or (b)” substitute “, (b) or (ba)”.

7

In section 37 (meaning of repeal and revocation in Part 2)—

(a)

in the section heading, for “Meaning of” substitute “Interpretation of provisions about amendment,”;

(b)

after subsection (2) insert—

“(3)

In sections 32 to 35, and in subsection (1) as it applies for the purposes of those sections, “enactment includes an enactment that is, or is contained in, a Measure of the Church Assembly or of the General Synod of the Church of England or an instrument made under such a Measure.”

Continuity of subordinate legislation: no effect on Crown application

8

In section 35, after subsection (4) insert—

“(5)

Subsection (3) does not cause section 28 to have effect in relation to any subordinate legislation where it did not previously have effect.”

Referring to Welsh subordinate instruments

9

In section 36—

(a)

the existing provision becomes subsection (1);

(b)

after the new subsection (1) insert—

“(2)

A Welsh subordinate instrument may continue be referred to by its title despite the revocation of the instrument.”

(c)

the heading becomes “Referring to an Act of Senedd Cymru or Welsh subordinate instrument after repeal or revocation”.