Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Schedule 1A - Application of Part 2A to pre-commencement enactments
56.This Schedule applies the provisions of Part 2A to Welsh subordinate legislation made by statutory instrument under “pre-commencement enactments”, in other words enactments that were enacted or made before Part 2A comes into effect.
57.Schedule 1A has the effect that where existing powers of the Welsh Ministers or a devolved Welsh authority provide that subordinate legislation made under those powers is to be made as a “statutory instrument” (within the meaning given by section 1 of the 1946 Act), it will instead be made as a Welsh statutory instrument. Schedule 1A also provides that where an existing enactment prescribes a particular procedure by which subordinate legislation is to be made, the procedure will instead be one of the new codified procedures set out in section 37C, 37D or 37E. Where an existing enactment does not prescribe a procedure, the Welsh statutory instrument containing the subordinate legislation must be laid under section 37F. This is summarised in Table A below:
58.The Welsh Ministers may, by regulations, amend enactments to reflect the effect of Schedule 1A (see paragraph 7 of this Schedule). This could be used, for example, to replace existing references to “instruments being subject to annulment in pursuance of a resolution of Senedd Cymru”, with a reference to the Welsh statutory instrument being made “under the Senedd annulment procedure”.