Commentary on Sections Part 2 – Publication Etc. of Welsh Legislation Section 37N – Official versions and certified copies of Welsh statutory instruments
87.In the same way as for Acts of Senedd Cymru, the process of publishing and promulgating a Welsh statutory instrument begins with the production of the text that is to be published. This must be an authoritative record of the legislation. With Acts of the Senedd, at present, there is a physical document upon which the Clerk must write certain information (see section 37K(2)). This is not necessarily the case with Welsh statutory instruments, which may be made electronically and as such the considerations for ensuring there is an authoritative record differ slightly.
88.Section 37N(1) requires the responsible authority to make certified copies of the instrument that has been made: one certified copy is sent to the National Library for Wales and a further certified copy is sent to the King’s Printer for Wales. Subsection (3)(b) provides that a certified copy may be in electronic form. The only exception to this rule is if the Welsh statutory instrument has been classified as a local instrument (for which see section 37B); in such a case a certified copy of the instrument is not sent to the National Library of Wales (subsection (4)). Local instruments are still sent to the King’s Printer for Wales to enable the publication requirements of section 37Q to be met.
89.When sending a certified copy of a Welsh statutory instrument to the King’s Printer for Wales, the responsible authority is required to also provide the information set out in section 37N(2). This information will in turn be used to meet the publication requirements for Welsh statutory instruments.