Commentary on Sections Part 9: General Section 55: Regulations
111.This section deals with how the powers under the Act to make regulations may be exercised and what they may contain. The regulations referred to in subsection (2) are to be made by statutory instrument following the affirmative procedure which requires the National Assembly for Wales’s approval of a draft instrument before it can be made. The powers to make the regulations referred to are provided in sections 21 (power to specify minimum requirements), 38(3) (power to make regulations about the amount of monetary penalties) and 59 (power to make consequential and transitional provision). But if regulations making consequential and transitional provision do not amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales, they must be made by statutory instrument, but the negative procedure applies (subsection (3)).