http://www.legislation.gov.uk/anaw/2019/4/part/3/2021-01-23Legislation (Wales) Act 2019An Act of the National Assembly for Wales to promote the accessibility of Welsh law; to provide for the interpretation and operation of Welsh legislation; and for connected purposes.texttext/xmlenStatute Law Database2024-05-22Expert Participation2021-01-23 PART 3381Where a provision in any legislation to which this section applies describes a date or time by reference to the coming into force of an enactment or the occurrence of any other event, the Welsh Ministers may by regulations amend the provision so that it refers to the actual date or time (once known).2Regulations under subsection (1) may also—aamend the legislation to include an explanation of the date or time they insert;bmake consequential provision which amends, repeals or revokes any enactment.3This section applies to the following legislation (whenever enacted or made)—a Acts of Senedd Cymru and Assembly Measures;bsubordinate legislation made under Acts of Senedd Cymru and Assembly Measures;cany other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38) that applies only in relation to Wales;dany other enactment, so far as it is amended by legislation mentioned in paragraph (a), (b) or (c).391Where the Welsh Ministers have a power or duty to make subordinate legislation in the form of regulations, rules or an order made by statutory instrument, they may exercise the power or duty by making the subordinate legislation in any other of those forms by statutory instrument.2This does not affect the procedure for making a statutory instrument containing the subordinate legislation.3A reference in any enactment, instrument or document to regulations, rules or an order made under the power or duty includes subordinate legislation made under it in any other form in reliance on subsection (1).4Subsection (1) does not apply to subordinate legislation that—ais made under an Act of the Parliament of the United Kingdom or retained direct EU legislation, andbapplies otherwise than in relation to Wales.401Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different Senedd procedures as a result of the subordinate legislation that it contains, whichever of those Senedd procedures is mentioned first in subsection (2) applies to the instrument (and none of the other Senedd procedures apply).2In this section, “Senedd procedure” means a procedure which has the effect that—aa statutory instrument (or the subordinate legislation that it contains) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru,ba statutory instrument must be laid before Senedd Cymru after being made and must be approved by resolution of Senedd Cymru in order for the subordinate legislation that it contains to come into force or continue in force,ca statutory instrument is subject to annulment in pursuance a resolution of Senedd Cymru,da statutory instrument must be laid before Senedd Cymru after being made, orea statutory instrument is not required to be laid before Senedd Cymru at any time.3The fact that the Welsh Ministers have made subordinate legislation in a statutory instrument to which subsection (1) applies does not—aprevent them making further subordinate legislation in a statutory instrument to which that subsection does not apply, orbaffect the Senedd procedure that applies to such an instrument.4Subsection (1) does not apply to a statutory instrument containing any subordinate legislation that—ais made by the Welsh Ministers under an Act of the Parliament of the United Kingdom or retained direct EU legislation, andbapplies otherwise than in relation to Wales.40AIn relation to subordinate legislation that relates to fishing, fisheries or fish health, references in this Part to Wales include the area of the Welsh zone beyond the seaward limits of the territorial sea.Words in s. 40(2)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iii)Word in s. 40(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(i)Word in s. 40(3)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(c)Words in s. 40(2)(d) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)S. 40A inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(7)(a), 54(2) (with Sch. 4 para. 31)Words in s. 40(2)(e) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)Word in s. 40(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(a)Words in s. 40(2)(a) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(ii)Words in s. 40(2)(c) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(9)Word in s. 40 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(a)