COMMENTARY ON SECTIONS Section 27 – Orders and regulations
76.This section makes provision in relation to any orders or regulations made by Welsh Ministers. They will be able to make different provisions for different situations, to make provisions for specific cases or to make them more generally and to make incidental, supplementary, transitional or saving provisions.
77.Section 27 also provides Welsh Ministers with the power to make, through regulations, consequential provision and to amend or repeal provisions of Assembly Measures, Acts or subordinate legislation made before the Measure. The purpose of subsection (3) is to permit Welsh Ministers to make changes they consider necessary, expedient or consequential to give effect to regulations made under sections 3(9), 7 or 8 of the Measure which concern the requirements on local authorities to arrange transport for school children, transport for learners in post-16 education or training and the provision for transport for children in nursery education.
78.Subsections (5) to (7) set out the procedures that will apply to any statutory instrument made under different sections of the Measure. Regulations that contain provisions listed in subsection (7) will have to be laid before and approved by resolution of the National Assembly (the affirmative resolution procedure). These are regulations that amend the circumstances of learners entitled to transport under section 3, regulations about transport for learners in post-16 education or training under section 7, regulations about the travel arrangements for children in nursery education under section 8, regulations under section 14(14)(a) amending or repealing the periods of withdrawal of transport for breach of the travel behaviour code and any regulations which amend an Act of Parliament or an Assembly Measure (a Henry VIII power). Subsection (5) provides for the negative resolution procedure to apply to any other regulations made under the Measure.