19.This section sets out the meaning of the term “responsible authority” that is used in both Parts 2A and 2B. It means the body or person who made the subordinate legislation in question, except in the case of subordinate legislation that was also confirmed or approved by the Welsh Ministers, the First Minister or the Counsel General. In such a case the “responsible authority” is the Welsh Ministers.
20.A person who is a “responsible authority” has certain functions under both Parts. For example, if a particular piece of subordinate legislation made by the Welsh Ministers is subject to “Senedd annulment procedure” and is annulled, the Welsh Ministers (as the “responsible authority” for that legislation) must revoke the subordinate legislation (see section 37E(4)).
21.As another example, under section 37N the responsible authority for a Welsh statutory instrument must send a certified copy of that instrument to the National Library of Wales (so it may be preserved) and to the King’s Printer for Wales (so it may be published).
22.This section also explains how a decision by the responsible authority to classify a Welsh statutory instrument as a “local instrument” is to be made. Local instruments tend to be limited in their application to a particular area or particular individuals or persons and therefore are unlikely to be of general application or interest. Local instruments do not need to be laid before the Senedd (under section 37F) or sent to the National Library of Wales for preservation (under section 37N).
Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Section 37B – Interpretation