116.Section 37Z1 makes provision about how a Welsh statutory instrument may be referred to (this is sometimes known as ‘cited’ when the reference is in other legislation). Firstly it provides the Welsh statutory instrument may be referred to by its title in either Welsh or English. All statutory instruments currently include provision (usually in the first regulation, rule or article of the subordinate legislation) about the name of the instrument. Arguably however that provision does not come into force until the date specified in the commencement provision. Therefore any ambiguity as to whether the instrument may be referred to by its title before that provision is in force is removed and instead section 37Z1 ensures the instrument may be referred to by its title from the moment it is made.
117.Section 37Z1 also provides the Welsh statutory instrument may be referred to by its prefix, year and number. The example given in section 37Z1 is “W.S.I. 2026/1”. There is no requirement or expectation that any subsidiary number applied to the instrument (see section 37P(3)) forms part of the reference by which an instrument may be referred.
Commentary on Sections Part 2 – Publication Etc. of Welsh Legislation Section 37Z1 – References to Welsh statutory instruments