Schedule 5: Regulations - Procedure Part 2: Powers of Relevant National Authority: Separate Exercise Separate exercise by Welsh Ministers
Paragraph 8(1) sets out that Welsh Ministers may not make a statutory instrument containing regulations to which this Part of Schedule 5 applies and that fall within paragraph 5(2) unless they have been subject to the draft affirmative procedure in the Senedd Cymru.
	Paragraph 8(2) sets out that a statutory instrument made by the Welsh Ministers containing regulations to which this Part of Schedule 5 applies and which are within paragraph 5(4) are subject to the negative procedure.
	Paragraph 8(3) sets out that statutory instrument made by the Welsh Ministers containing regulations to which this Part of Schedule 5 applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or the negative procedure in the Senedd Cymru.
	Paragraph 9 sets out a sifting mechanism for regulations for some proposed instruments. Paragraph 9(1) sets out that sub-paragraph (2) applies if-
the Welsh Ministers acting alone make a statutory instrument containing regulations under section 11, 12 or 14,
the paragraph 8(3) applies to the instrument, and
the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to the negative procedure in the Senedd Cymru.
	Paragraph 9(2) sets out that the Welsh Ministers may not make the instrument so that it is subject to the negative procedure unless condition 1 is met, and either condition 2 or 3 is met. These conditions are outlined in sub-paragraphs (3) to (5).
	Paragraph 9(3) sets out condition 1. Condition 1 is that the Welsh Ministers –
have made a written statement that in their opinion the instrument should be subject to the negative procedure in the Senedd Cymru, and
have laid before the Senedd Cymru both –
a draft of the instrument, and
a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.
	Paragraph 9(4) sets out condition 2. Condition 2 is that a committee of Senedd, who has been given the authority to do so, has made a recommendation on the appropriate procedure for the instrument.
	Paragraph 9(5) sets out condition 3. Condition 3 is that the period of 14 days, starting with the first day after the day the instrument was laid before the Senedd (as mentioned in sub-paragraph (3)(b)(i)), has ended without any recommendation being made as outlined in sub-paragraph (4).
	Paragraph 9(6) sets out that the period of 14 days should be calculated without including any periods where the Senedd is dissolved or in recess for more than four days.
	Paragraph 9(7) states that nothing in this paragraph prevents Welsh Ministers from deciding, at any time before a statutory instrument containing regulations under section 11, 12 or 14 is made, that another procedure should apply to the instrument.
	Paragraph 9(8) states that section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A 2 of the Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.