Commentary on Sections of the Act Section 12 – Review and sunset of the power in section 11(1)
98.Section 12 limits the life of the power of the Welsh Ministers under section 11(1) to make provision corresponding to EU law after exit day. Specifically, it means that the power will cease to have effect 5 years after exit day. The power can be extended, but only if regulations are made by the Welsh Ministers. The period can be extended for subsequent periods which do not individually exceed 5 years. For example, if exit day is specified as 29 March 2019, the power would expire in 2024. In 2024, the Welsh Ministers may decide to extend the power for another 5 years until 2029. Similarly, the Welsh Ministers may decide in 2029 to extend the power for another 5 years until 2034.
99.Prior to the exercise of the power to extend the effect of the power in section 11(1), the Welsh Ministers must table a report on the operation and effect of the power in section 11(1) and whether it continues to be needed (having consulted relevant stakeholders). This is to give the Assembly the basis on which to decide whether the power continues to be needed before extending its effect.