Legislation – Legislation (Procedure, Publication and Repeals) (Wales) Act 2025

“PART 2APROCEDURE FOR MAKING WELSH SUBORDINATE LEGISLATION

Introduction

37AWelsh statutory instruments

(1)

A “Welsh statutory instrument” is a document that contains Welsh subordinate legislation made in the exercise of a power that is required by an enactment to be exercised by statutory instrument.

(2)

In subsection (1), “Welsh subordinate legislation” means subordinate legislation that is made only by—

(a)

the Welsh Ministers, or

(b)

any other devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).

(3)

The reference in subsection (1) to an enactment requiring a power to be exercised by statutory instrument includes an enactment requiring a power to be exercised by Welsh statutory instrument.

(4)

The reference in subsection (2)(a) to the Welsh Ministers includes the National Assembly for Wales as constituted by the Government of Wales Act 1998 (c. 38).

37BInterpretation

(1)

This section applies for the purposes of this Part and Part 2B.

(2)

The “responsible authority” in relation to subordinate legislation contained in a Welsh statutory instrument is—

(a)

the Welsh Ministers in a case where the subordinate legislation is made, confirmed or approved by the Welsh Ministers, the First Minister or the Counsel General;

(b)

in any other case, the person who makes the subordinate legislation.

(3)

Except in subsection (2) and sections 37D(6) and 37E(9), references to subordinate legislation being made by Welsh statutory instrument include subordinate legislation being confirmed or approved by Welsh statutory instrument.

(4)

A decision of a responsible authority whether to classify a Welsh statutory instrument as a local instrument is to be made according to the extent to which the subordinate legislation contained in the instrument—

(a)

is of general application, or

(b)

is limited in its application to a particular area, or to particular individuals or persons.

Senedd subordinate legislation procedures

37CSenedd approval procedure

(1)

This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd approval procedure”.

(2)

The subordinate legislation may not be made unless a draft of the Welsh statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

37DSenedd confirmation procedure

(1)

This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd confirmation procedure”.

(2)

The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made.

(3)

But the subordinate legislation contained in the Welsh statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—

(a)

a period specified in the enactment ends, or

(b)

an event specified in the enactment occurs.

(4)

Where the subordinate legislation ceases to have effect under subsection (3)—

(a)

in so far as the subordinate legislation is not in force when it ceases to have effect, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and

(c)

the responsible authority must, by order, revoke the subordinate legislation.

(5)

But this does not affect—

(a)

the validity of anything previously done under the subordinate legislation, or

(b)

the making of new subordinate legislation.

(6)

An order under subsection (4)(c) is to be made by Welsh statutory instrument.

37ESenedd annulment procedure

(1)

This section applies where an enactment provides that subordinate legislation to be made by Welsh statutory instrument is subject to the “Senedd annulment procedure”.

(2)

The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and subsection (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the subordinate legislation comes into force.

(3)

Senedd Cymru may, before the end of the 40 days beginning with the date on which the Welsh statutory instrument is laid before it, resolve that the subordinate legislation contained in the instrument be annulled.

(4)

Where the subordinate legislation is annulled—

(a)

in so far as the subordinate legislation is not in force on the date of the resolution, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and

(c)

the responsible authority must, by order, revoke the subordinate legislation.

(5)

But this does not affect—

(a)

the validity of anything previously done under the subordinate legislation, or

(b)

the making of new subordinate legislation.

(6)

If this subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh statutory instrument was not laid at least 21 days before the subordinate legislation contained in it came into force.

(7)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(8)

In calculating the period of 21 days mentioned in subsection (2), or the period of 40 days mentioned in subsection (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.

(9)

An order under subsection (4)(c) is to be made by Welsh statutory instrument.

37FOther Welsh statutory instruments to be laid before Senedd Cymru

(1)

This section applies where an enactment conferring a power to make subordinate legislation by Welsh statutory instrument does not provide that the legislation is subject to—

(a)

the Senedd approval procedure,

(b)

the Senedd confirmation procedure, or

(c)

the Senedd annulment procedure.

(2)

But it does not apply where the subordinate legislation is—

(a)

made by Welsh statutory instrument classified by the responsible authority as a local instrument,

(b)

subject to special Senedd procedure, or

(c)

made under an enactment specified by the Welsh Ministers by regulations.

(3)

The Welsh statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made; and subsection (4) applies if the instrument is not laid before the subordinate legislation comes into force.

(4)

If this subsection applies, the responsible authority must explain to the Presiding Officer why the Welsh statutory instrument was not laid before the subordinate legislation contained in it came into force.

(5)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(6)

In sub-section (2)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.

37GCombining subordinate legislation subject to different Senedd procedures

(1)

This section applies where the responsible authority makes, or proposes to make, subordinate legislation by Welsh statutory instrument that would otherwise be subject to two or more different Senedd procedures.

(2)

The Senedd procedure that is mentioned first in subsection (3) applies and none of the other Senedd procedures apply.

(3)

The Senedd procedures are—

(a)

the Senedd approval procedure (see section 37C);

(b)

the Senedd confirmation procedure (see section 37D);

(c)

the Senedd annulment procedure (see section 37E);

(d)

the requirement (only) to lay the Welsh statutory instrument before Senedd Cymru after the subordinate legislation is made (see section 37F).

(4)

If the responsible authority has made subordinate legislation in a Welsh statutory instrument to which subsection (1) applies, this does not—

(a)

prevent it from making further subordinate legislation in a Welsh statutory instrument to which that subsection does not apply, or

(b)

affect the Senedd procedure that applies to the subordinate legislation contained in such an instrument.

Existing powers to make subordinate legislation subject to parliamentary procedure

37HApplication of this Part in different circumstances

(1)

Schedule 1A applies provisions of this Part to subordinate legislation made by statutory instrument under an enactment enacted or made before this Part is in force.

(2)

Schedule 1B applies provisions of this Part, with modifications, to subordinate legislation made by the Welsh Ministers and another person other than a devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).

(3)

Schedule 1C applies provisions of this Part, with modifications, to Orders in Council made by statutory instrument.”

“SCHEDULE 1AAPPLICATION OF PART 2A TO PRE-COMMENCEMENT ENACTMENTS

(introduced by section 37H)

Interpretation

1

In this Schedule—

“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force, and

“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).

Application of Schedule

2

This Schedule applies in relation to Welsh subordinate legislation (within the meaning given by section 37A(2)) that is to be made by statutory instrument under a pre-commencement enactment.

Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—

(a)

may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b)

may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2)

The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—

(a)

to be subject to the Senedd approval procedure referred to in section 37C, and

(b)

to be made by Welsh statutory instrument.

Instruments that may be made but must be confirmed by resolution of Senedd Cymru

4

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymru, but ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—

(a)

a period specified in the enactment ends, or

(b)

an event specified in the enactment occurs.

(2)

The pre-commencement enactment is to be read as if it instead it provided for the subordinate legislation—

(a)

to be subject to the Senedd confirmation procedure referred to in section 37D, and

(b)

to be made by Welsh statutory instrument.

Instruments that may be made but are subject to annulment by resolution of Senedd Cymru

5

(1)

This paragraph applies where the pre-commencement enactment provides or has the effect of providing that the subordinate legislation, or the statutory instrument containing it—

(a)

is subject to annulment in pursuance of a resolution of Senedd Cymru, or

(b)

may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.

(2)

The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation—

(a)

to be subject to the Senedd annulment procedure referred to in section 37E, and

(b)

to be made by Welsh statutory instrument.

Other instruments to be laid before Senedd Cymru

6

(1)

This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that the subordinate legislation, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3, 4 or 5.

(2)

The pre-commencement enactment is to be read as if—

(a)

it provides for the subordinate legislation to be made by Welsh statutory instrument;

(b)

it provides, or has the effect of providing, that the statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this).

(3)

But sub-paragraph (2)(b) does not apply to a statutory instrument that is—

(a)

classified by the responsible authority as a local instrument,

(b)

subject to special Senedd procedure, or

(c)

made under an enactment specified by the Welsh Ministers by regulations.

(4)

In sub-paragraph (3)(b), “special Senedd procedure” means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure.

Power to make amendments consequential upon this Schedule

7

The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.

SCHEDULE 1BAPPLICATION OF PART 2A TO JOINT OR COMPOSITE LEGISLATION

(introduced by section 37H)

PART 1INTERPRETATION

Interpretation

1

In this Schedule—

“post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;

“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;

“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 1946 (c. 36).

PART 2JOINT OR COMPOSITE INSTRUMENTS MADE UNDER PRE-COMMENCEMENT ENACTMENTS

Application of Part

2

This Part applies in relation to subordinate legislation that is to be made under a pre-commencement enactment—

(a)

by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));

(b)

by statutory instrument.

Instruments that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation—

(a)

may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b)

may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2)

The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.

Instruments that may be made but must be confirmed by resolution of Senedd Cymru

4

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the subordinate legislation may be made and laid before Senedd Cymr‍u, but‍ ceases to have effect unless the statutory instrument containing it is confirmed by resolution of Senedd Cymru before—

(a)

a period specified in the enactment ends, or

(b)

an event specified in the enactment occurs.

(2)

The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.

Instruments that may be made but are subject to annulment by resolution of Senedd Cymru

5

(1)

This paragraph applies where the pre-commencement enactment provides or has the effect of providing that a statutory instrument containing subordinate legislation—

(a)

is subject to annulment in pursuance of a resolution of Senedd Cymru, or

(b)

may be laid before Senedd Cymru in draft but may not be made if Senedd Cymru resolves that it should not be made within 40 days of it being laid.

(2)

The pre-commencement enactment is to be read as if it instead provided for the subordinate legislation to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.

Other instruments to be laid before Senedd Cymru

6

(1)

This paragraph applies where the pre-commencement enactment does not provide, or have the effect of providing, that a statutory instrument containing subordinate legislation is subject to any of the procedures referred to in paragraphs 3, 4 or 5.

(2)

The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the subordinate legislation, or the statutory instrument containing it, must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.

PART 3JOINT OR COMPOSITE INSTRUMENTS MADE UNDER POST-COMMENCEMENT ENACTMENTS

Application of Part

7

This Part applies in relation to subordinate legislation that is to be made under a post-commencement enactment—

(a)

by the Welsh Ministers and another person, other than a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32));

(b)

by statutory instrument.

Application of Senedd approval procedure

8

(1)

This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd approval procedure”.

(2)

The subordinate legislation is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 12.

Application of Senedd confirmation procedure

9

(1)

This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd confirmation procedure”.

(2)

The subordinate legislation is subject to the Senedd confirmation procedure referred to in section 37D, as modified in paragraph 13.

Application of Senedd annulment procedure

10

(1)

This paragraph applies where the post-commencement enactment provides that the subordinate legislation is subject to the “Senedd annulment procedure”.

(2)

The subordinate legislation is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 14.

Application of requirement to lay statutory instrument before Senedd Cymru

11

(1)

This paragraph applies where the post-commencement enactment does not provide that subordinate legislation is subject to—

(a)

the Senedd approval procedure,

(b)

the Senedd confirmation procedure, or

(c)

the Senedd annulment procedure.

(2)

The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru (whether or not the enactment already provides for this) in accordance with section 37F, as modified in paragraph 15.

PART 4MODIFIED SENEDD PROCEDURES FOR JOINT OR COMPOSITE INSTRUMENTS

Modified Senedd approval procedure

12

(1)

Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to the subordinate legislation to which this Schedule applies.

(2)

The subordinate legislation may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

Modified Senedd confirmation procedure

13

(1)

Sub-paragraphs (2) to (6) are a modification of the Senedd confirmation procedure in section 37D that is applicable to the subordinate legislation to which this Schedule applies.

(2)

The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made.

(3)

But the subordinate legislation contained in the statutory instrument ceases to have effect if it is not confirmed by resolution of Senedd Cymru before—

(a)

a period specified in the enactment ends, or

(b)

an event specified in the enactment occurs.

(4)

Where the subordinate legislation ceases to have effect under sub-paragraph (3)—

(a)

in so far as the subordinate legislation is not in force when it ceases to have effect, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and

(c)

His Majesty may, by Order in Council, revoke the instrument.

(5)

But this does not affect—

(a)

the validity of anything previously done under the subordinate legislation, or

(b)

the making of new subordinate legislation.

(6)

An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified Senedd annulment procedure

14

(1)

Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to the subordinate legislation to which this Schedule applies.

(2)

The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the subordinate legislation comes into force.

(3)

Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the subordinate legislation contained in the instrument be annulled.

(4)

Where the subordinate legislation is annulled—

(a)

in so far as the subordinate legislation is not in force on the date of the resolution, the subordinate legislation does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the subordinate legislation is in force on that date, nothing further is to be done or continued under, or in reliance on, the subordinate legislation after that date, and

(c)

His Majesty may, by Order in Council, revoke the instrument.

(5)

But this does not affect—

(a)

the validity of anything previously done under the subordinate legislation, or

(b)

the making of new subordinate legislation.

(6)

If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the subordinate legislation contained in it came into force.

(7)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(8)

In calculating the period of 21 days mentioned in sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.

(9)

An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified procedure for laying statutory instrument before Senedd Cymru

15

(1)

Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to the subordinate legislation to which this Schedule applies.

(2)

The statutory instrument containing the subordinate legislation must be laid before Senedd Cymru as soon as practicable after the subordinate legislation is made; and sub-paragraph (3) applies if the instrument is not laid before the subordinate legislation comes into force.

(3)

If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the subordinate legislation contained in it came into force.

(4)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

PART 5CONSEQUENTIAL AMENDMENTS

Power to make amendments consequential upon this Schedule

16

The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.

SCHEDULE 1CAPPLICATION OF PART 2A TO ORDERS IN COUNCIL

(introduced by section 37H)

PART 1INTERPRETATION

Interpretation

1

In this Schedule—

“post-commencement enactment” (“deddfiad ôl-gychwyn”) means an enactment enacted or made after Part 2A comes into force;

“pre-commencement enactment” (“deddfiad cyn-gychwyn”) means an enactment enacted or made before Part 2A comes into force;

“statutory instrument” (“offeryn statudol”) means a statutory instrument within the meaning of section 1 of the Statutory Instruments Act 1946 (c. 36).

PART 2ORDERS IN COUNCIL MADE UNDER PRE-COMMENCEMENT ENACTMENTS

Application of Part

2

This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a pre-commencement enactment.

Orders in Council that may not be made or may not come into force unless a draft is laid before and approved by resolution of Senedd Cymru

3

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council—

(a)

may not be made unless a draft of the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru, or

(b)

may be made but may not come into force unless the statutory instrument containing it is laid before, and approved by resolution of, Senedd Cymru.

(2)

The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.

Orders in Council that may be made but are subject to annulment by resolution of Senedd Cymru

4

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to annulment in pursuance of a resolution of Senedd Cymru.

(2)

The pre-commencement enactment is to be read as if it instead provided for the Order in Council to be subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.

Other Orders in Council to be laid before Senedd Cymru

5

(1)

This paragraph applies where the pre-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.

(2)

This paragraph also applies where—

(a)

the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and

(b)

the pre-commencement enactment does not provide, or have the effect of providing, that the Order in Council, or the statutory instrument containing it, is subject to any of the procedures referred to in paragraphs 3 or 4 or that it must be laid before Senedd Cymru.

(3)

The pre-commencement enactment is to be read as if it provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.

PART 3ORDERS IN COUNCIL MADE UNDER POST-COMMENCEMENT ENACTMENTS

Application of Part

6

This Part applies in relation to subordinate legislation that is to be made as an Order in Council by statutory instrument under a post-commencement enactment.

Application of Senedd approval procedure

7

(1)

This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd approval procedure”.

(2)

The Order in Council is subject to the Senedd approval procedure referred to in section 37C, as modified in paragraph 10.

Application of Senedd annulment procedure

8

(1)

This paragraph applies where the post-commencement enactment provides that the Order in Council, or the statutory instrument containing it, is subject to the “Senedd annulment procedure”.

(2)

The Order in Council is subject to the Senedd annulment procedure referred to in section 37E, as modified in paragraph 11.

Application of requirement to lay statutory instrument before Senedd Cymru

9

(1)

This paragraph applies where the post-commencement enactment provides, or has the effect of providing, that the Order in Council, or the statutory instrument containing it, must be laid before Senedd Cymru.

(2)

This paragraph also applies where—

(a)

the provision made by the Order in Council would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring any requirement for consent or consultation), and

(b)

the post-commencement enactment does not provide that the Order in Council, or the statutory instrument containing it, is subject to—

(i)

the Senedd approval procedure,

(ii)

the Senedd confirmation procedure, or

(iii)

the Senedd annulment procedure,

or that it must be laid before Senedd Cymru.

(3)

The statutory instrument containing the Order in Council must be laid before Senedd Cymru in accordance with section 37F, as modified in paragraph 12.

PART 4MODIFIED SENEDD PROCEDURES FOR ORDERS IN COUNCIL

Modified Senedd approval procedure

10

(1)

Sub-paragraph (2) is a modification of the Senedd approval procedure in section 37C that is applicable to an Order in Council.

(2)

The Order in Council may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, Senedd Cymru.

Modified Senedd annulment procedure

11

(1)

Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to an Order in Council.

(2)

The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the Order in Council comes into force.

(3)

Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the Order in Council be annulled.

(4)

Where the Order in Council is annulled—

(a)

in so far as the Order in Council is not in force on the date of the resolution, the Order in Council does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the Order in Council is in force on that date, nothing further is to be done or continued under, or in reliance on, the Order in Council after that date, and

(c)

His Majesty may, by Order in Council, revoke the instrument.

(5)

But any such resolution or revocation does not affect—

(a)

the validity of anything previously done under the instrument, or

(b)

the making of a new Order in Council.

(6)

If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the Order in Council contained in it came into force.

(7)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(8)

In calculating the period of 21 days mentioned in sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.

(9)

An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Modified procedure for laying statutory instrument before Senedd Cymru

12

(1)

Sub-paragraphs (2) to (4) are a modification of the procedure for laying subordinate legislation before Senedd Cymru in section 37F that is applicable to an Order in Council.

(2)

The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made; and sub-paragraph (3) applies if the instrument is not laid before the Order in Council comes into force.

(3)

If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid before the Order in Council contained in it came into force.

(4)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

PART 5CONSEQUENTIAL AMENDMENTS

Power to make amendments consequential upon this Schedule

13

The Welsh Ministers may by regulations amend any enactment to reflect the effect of, or make provision consequential upon, this Schedule.”