Detailed Commentary on Sections in Part 3 Section 93: Assembly Measures
325.This section confers on the Assembly the power to pass a type of subordinate legislation in relation to Wales called “Measures of the National Assembly for Wales” in English, or “Mesurau Cynulliad Cenedlaethol Cymru” in Welsh. They are referred to in this Act as Assembly Measures. The ultimate right of Parliament to legislate in relation to Wales, even in principle on a matter over which legislative competence has been conferred on the Assembly, is preserved.
326.Assembly Measures will, subject to the limitations set out in this section and in Schedule 5 as to what provisions they may contain, have the same effect as an Act of Parliament. In other words they may modify the effect of legislation made or enacted before or after this Act is enacted, or make entirely new provision.
327.An Assembly Measure will be enacted (i.e., will become law) when:
and it has been approved by Her Majesty in Council (i.e. Her Majesty attending a meeting of the Privy Council).
328.If an Assembly Measure is enacted, but it then appears that there was some invalidity or procedural irregularity in the Assembly proceedings which led up to its enactment (for example, a rule in the Assembly’s standing orders was not complied with), the effect of section 93(3) is that the invalidity or irregularity will not render the Measure invalid and it will still be law. However, this subsection will not save a purported Assembly Measure which has not been passed at all by the Assembly because, in those circumstances, section 93(2) would not have been complied with.
329.Assembly Measures are to be judicially noticed. This means that, if an Assembly Measure is relevant in any Court proceedings, the court will apply its provisions without them having to be proved in court by evidence.