40Combining subordinate legislation subject to different [Senedd] 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 [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).
(2)In this section, “[Senedd] 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, [Senedd Cymru],
(b)a 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,
(c)a statutory instrument is subject to annulment in pursuance a resolution of [Senedd Cymru],
(d)a statutory instrument must be laid before [Senedd Cymru] after being made, or
(e)a statutory instrument is not required to be laid before [Senedd 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 [Senedd] 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 [assimilated direct] legislation, and
(b)applies otherwise than in relation to Wales.