34(1)This paragraph applies where—U.K.
(a)a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment (“the Welsh function”),
(b)the Welsh function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and
(c)when the Welsh function was transferred, a Minister of the Crown had the same or substantially the same function exercisable in relation to England (“the corresponding function”).
(2)If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4)—
(a)applied to the exercise of the corresponding function by the Minister of the Crown, but
(b)did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference to the Assembly.
(3)[F1Subject to sub-paragraphs (4A) and (4B),] If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4) applied to both—
(a)the exercise of the corresponding function by the Minister of the Crown, and
(b)the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference both to the Assembly and to Parliament or either House of Parliament.
(4)The descriptions of provision referred to in sub-paragraphs (2) and (3) are—
(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,
(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and
(c)provision prohibiting the making of any such instrument without such approval.
[F2(4A)Section 1(5) of the Travel Concessions (Eligibility) Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 1(4) of that Act (order changing minimum age for the purposes of eligibility for travel concessions) as if the reference to either House of Parliament were a reference to the Assembly.
(4B)Section 268(13) of the Enterprise Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 268(1) of that Act (order in relation to disqualification from office) as if the reference to each House of Parliament were a reference to the Assembly.]
(5)If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7)—
(a)applied to the exercise of the corresponding function by the Minister of the Crown, but
(b)did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
an instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to the procedure in the Assembly specified by the standing orders.
(6)If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7) applied to both—
(a)the exercise of the corresponding function by the Minister of the Crown, and
(b)the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to that provision and to the procedure in the Assembly specified by the standing orders.
(7)The descriptions of provision referred to in sub-paragraphs (5) and (6) are—
(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and
(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.
(8)In this paragraph—
“make” includes confirm or approve and related expressions are to be construed accordingly, and
“pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.
(9)This paragraph does not apply if the Welsh function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).
Textual Amendments
F1Words in Sch. 11 para. 34(3) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(a)
F2Sch. 11 para. 34(4A)(4B) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(b)
Modifications etc. (not altering text)
C1Sch. 11 para. 34 excluded (1.4.2008) Mental Health Act 2007 (c. 12), ss. 50(10)(a), 56; S.I. 2008/745, art. 4