Planning (Wales) Act 2015

1 (1) Section 122 of PCPA 2004 (regulations and orders) is amended as follows. E+W

(2) In subsection (1)(b), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(3) In subsection (5)(g), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(4) After subsection (6) insert—

“(6A) Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers.

(6B) The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(6C) A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

(5) After subsection (10) insert—

“(11) In subsection (6B), “primary legislation” means—

(a) an Act of Parliament;

(b) an Act or Measure of the National Assembly for Wales.”