97.Section 3(2) of the 1946 Act provides a defence to proceedings for an offence of contravening a statutory instrument, if that instrument had not been published by the King’s Printer at the time of the offence. The UK Parliament’s Joint Committee on Statutory Instruments considered this provision in their report Transparency and Accountability in Subordinate Legislation(1), noting:
98.Section 37S makes similar provision in respect of subordinate legislation contained within a Welsh statutory instrument, albeit in a more modern form.
99.Section 37W (for which see below) requires the King’s Printer for Wales to publish the date on which each Welsh statutory instrument was published. This may be used in proceedings when it is necessary to establish when an instrument was first published by the King’s Printer for Wales (see section 37X).
Commentary on Sections Part 2 – Publication Etc. of Welsh Legislation Section 37S – Proceedings for offence under unpublished Welsh statutory instrument: defence