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

PART 1 — PROCEDURE FOR MAKING WELSH SUBORDINATE LEGISLATION

New Part 2A of the Legislation (Wales) Act 2019

1

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

• (2) After Part 2 insert—

(37A) (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). (37B) (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. (37C) (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. (37D) (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. (37E) (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. (37F) (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. (37G) (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. (37H) (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.

• (3) After Schedule 1 insert—