Commentary on Sections and Schedules Part 4 – Miscellaneous and General Sections 104 and 105: Subordinate legislation
199.Sections 104 and 105 make general provisions in relation to subordinate legislation. Section 104 allows the Secretary of State or the Welsh Assembly to make regulations and orders which apply generally or in relation to specific cases and to make different provision for different areas or cases.
200.Section 105 sets out the appropriate level of parliamentary scrutiny. It provides that orders relating to commencement are not subject to parliamentary procedure. An order under section 5 (to amend the definition of early childhood services) or section 41(4) (to amend the areas of learning and development in the Early Years Foundation Stage) or section 94 (to allow for registration in respect of multiple premises) is subject to the affirmative procedure. All other subordinate legislation is subject to the negative procedure.