63.This Schedule applies the provisions of Part 2A to subordinate legislation made as an Order in Council when the statutory instrument must be laid before the Senedd. Schedule 1C applies Part 2A to Orders in Council made under “pre-” and “post-commencement enactments”, in other words enactments that were enacted or made before and after Part 2A comes into force.
64.In relation to pre-commencement enactments Schedule 1C ensures that the Order in Council will continue to be made as a “statutory instrument” (rather than as a Welsh statutory instrument) but that where an existing enactment prescribes a particular procedure by which the Order in Council is to be made, the procedure will instead be a modified version of either the Senedd approval procedure (section 37C) or the Senedd annulment procedure (section 37E). Where an existing enactment does not prescribe a Senedd procedure, the Order in Council must be laid under a modified section 37F. This is summarised in Table D below:
65.In relation to post-commencement enactments the Order in Council will be made as a “statutory instrument” (rather than as a Welsh statutory instrument) and where an enactment prescribes a Senedd procedure Schedule 1C modifies sections 37C, 37E and 37F accordingly. This is summarised in Table E below:
66.The Welsh Ministers may, by regulations, amend enactments to reflect the effect of Schedule 1C (see paragraph 13 of this Schedule).
Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Schedule 1C - Application of Part 2A to Orders in Council