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Legislation (Wales) Act 2019

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40Combining subordinate legislation subject to different [F1Senedd] proceduresE+W

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(1)Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different [F2Senedd] procedures as a result of the subordinate legislation that it contains, whichever of those [F2Senedd] procedures is mentioned first in subsection (2) applies to the instrument (and none of the other [F2Senedd] procedures apply).

(2)In this section, “[F3Senedd] procedure” means a procedure which has the effect that—

(a)a 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, [F4Senedd Cymru],

(b)a statutory instrument must be laid before [F5Senedd Cymru] after being made and must be approved by resolution of [F5Senedd Cymru] in order for the subordinate legislation that it contains to come into force or continue in force,

(c)a statutory instrument is subject to annulment in pursuance a resolution of [F6Senedd Cymru],

(d)a statutory instrument must be laid before [F7Senedd Cymru] after being made, or

(e)a statutory instrument is not required to be laid before [F8Senedd Cymru] at any time.

(3)The fact that the Welsh Ministers have made subordinate legislation in a statutory instrument to which subsection (1) applies does not—

(a)prevent them making further subordinate legislation in a statutory instrument to which that subsection does not apply, or

(b)affect the [F9Senedd] procedure that applies to such an instrument.

(4)Subsection (1) does not apply to a statutory instrument containing any subordinate legislation that—

(a)is made by the Welsh Ministers under an Act of the Parliament of the United Kingdom or [F10assimilated direct] legislation, and

(b)applies otherwise than in relation to Wales.

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