Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Section 37C – Senedd approval procedure
23.Section 37C defines what it means when an enactment provides that subordinate legislation that is to be made as a Welsh statutory instrument is subject to the “Senedd approval procedure”.
24.Such subordinate legislation can only be made if a draft of the Welsh statutory instrument has been laid before the Senedd and subsequently approved by it. Approval is by way of a resolution (in this case, a decision following debate in Plenary).
25.New section 12A of the 2019 Act explains what is meant by laying a document before Senedd Cymru (see also paragraph 215 below).
26.For the application of this procedure to new subordinate legislation made by a responsible authority under enactments that were made or enacted before Part 2A comes into effect, see section 37H and Schedule 1A. For such subordinate legislation made by the Welsh Minsters acting with another person (not a devolved Welsh authority) or as an Order in Council, see Schedules 1B and 1C respectively.