Commentary on Sections Part 2: Interpretation and Operation of Welsh Legislation
32.Part 2 of the Act makes provision about the interpretation and operation of legislation made by the National Assembly for Wales or under powers it has conferred, and other subordinate legislation made by the Welsh Ministers and other devolved Welsh authorities.
33.The position before Part 2 comes into force is that the Interpretation Act 1978 (“the 1978 Act”) governs the interpretation and operation of legislation of these types. The 1978 Act will continue to apply to legislation that has been made before Part 2 comes into force. Part 2 will apply only to legislation made after Part 2 comes into force (and to the Act itself).
34.The 1978 Act will also continue to apply to some very limited categories of instrument that are made by the Welsh Ministers and other devolved Welsh authorities under certain powers after Part 2 of the Act comes into force, if those instruments also contain provisions that are made by bodies that are not devolved Welsh authorities or provisions that apply otherwise than in relation to Wales.
35.Part 2 of the Act begins by identifying the legislation to which it applies. Part 4 of the Act amends the 1978 Act to ensure that it does not apply to legislation to which Part 2 applies, and to deal with some of the interactions between legislation to which the 1978 Act applies and legislation to which Part 2 applies.
36.Most of the provisions in Part 2 of this Act are intended to have the same effect as provisions in the 1978 Act, even if they are expressed in different terms. However, there are a number of differences which are identified and described in these Explanatory Notes.