(1)This section applies if—
(a)the Assembly passes a resolution moved by the First Minister or a Welsh Minister appointed under section 48 that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section 103(1), and
(b)the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
(2)The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.
(3)The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—
(a)lay a draft of a statutory instrument containing an Order in Council under section 103(1) before each House of Parliament, or
(b)give notice in writing to the First Minister of the Secretary of State’s refusal to do so and the reasons for that refusal.
(4)As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—
(a)the First Minister must lay a copy of the notice before the Assembly, and
(b)the Assembly must ensure that the notice is published.