Government of Wales Act 2006

102 Approval of proposed Assembly Measures

(1) It is for the Clerk to submit proposed Assembly Measures for approval by Her Majesty in Council.

(2) The Clerk may not submit a proposed Assembly Measure for approval by Her Majesty in Council at any time when—

(a) the Attorney General or the Counsel General is entitled to make a reference in relation to the proposed Assembly Measure under section 99,

(b) such a reference has been made but has not been decided or otherwise disposed of by the Supreme Court, or

(c) an order may be made in relation to the proposed Assembly Measure under section 101.

(3) The Clerk may not submit a proposed Assembly Measure in its unamended form for approval by Her Majesty in Council if—

(a) the Supreme Court has decided on a reference made in relation to the proposed Assembly Measure under section 99 that the proposed Assembly Measure or any provision of it would not be within the Assembly’s legislative competence, or

(b) a reference made in relation to the proposed Assembly Measure under section 99 has been withdrawn following a request for withdrawal of the reference under section 100(2)(b).

(4) Once an Assembly Measure has been approved by Her Majesty in Council, the Clerk of the Privy Council must send the Order in Council approving the Assembly Measure to the Clerk.

(5) The date of the approval by Her Majesty in Council of an Assembly Measure is to be written on the Assembly Measure by the Clerk, and forms part of the Assembly Measure.

(6) The Clerk must publish the Order in Council by which an Assembly Measure is approved.

(7) The standing orders must include provision for the notification by the Clerk to the Assembly of the date of the approval of an Assembly Measure by Her Majesty in Council.

(8) The validity of an Assembly Measure is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (7).