Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Schedule 1B - Application of Part 2A to joint or composite legislation
59.This Schedule applies the provisions of Part 2A to subordinate legislation made by the Welsh Ministers and another person (other than a devolved Welsh authority) by statutory instrument. Some enactments require the Welsh Ministers to make subordinate legislation jointly with another person, for example a Secretary of State (the result is known as a “joint instrument”). Sometimes the Welsh Ministers and Secretary of State may choose to exercise their powers to make subordinate legislation in a single instrument (this is known as a “composite instrument”). Schedule 1B applies Part 2A to joint or composite instruments made under “pre-” and “post-commencement enactments”, in other words enactments that were enacted or made before and after Part 2A comes into force.
60.In relation to pre-commencement enactments Schedule 1B has the effect that the subordinate legislation will continue to be made as a “statutory instrument” (rather than as a Welsh statutory instrument) but that where an existing enactment prescribes a particular procedure by which subordinate legislation is to be made, the procedure will instead be a modified version of one of the new procedures set out in sections 37C, 37D or 37E. Where an existing enactment does not prescribe a procedure, the statutory instrument containing the subordinate legislation must be laid under a modified section 37F. This is summarised in Table B below:
61.In relation to post-commencement enactments the subordinate legislation will be made as a “statutory instrument” (rather than as a Welsh statutory instrument) and if the enactment prescribes a Senedd procedure (in respect of the powers of the Welsh Ministers to make subordinate legislation), the subordinate legislation will be made under a modified version of section 37C, 37D or 37E respectively (or laid under modified section 37F). This is summarised in Table C below:
62.The Welsh Ministers may, by regulations, amend enactments to make provision to reflect the effect of Schedule 1B (see paragraph 16 of this Schedule).