Commentary on Sections Section 33 – Procedures for regulations under section 32
110.Section 33 provides for the procedure to apply to the making of regulations under section 32. When the Welsh Ministers make regulations about the eligibility criteria they must consult such persons as appear likely to be affected by the regulations, such organisations who appear to represent the interests of those likely to be affected by the regulations and any other persons they consider appropriate.
111.The Welsh Ministers must allow a period of 12 weeks for those consulted to submit comments on the proposed draft regulations on eligibility. They must then consider those comments and publish a summary of those comments.
112.Following the consultation the Welsh Ministers must lay a draft of the regulations before the National Assembly for Wales, accompanied by a statement giving details of the differences between the draft regulations as consulted on and the draft regulations as laid before the National Assembly.
113.Regulations on eligibility may only be made where a draft of the instrument has been laid before and approved by a resolution of the National Assembly, and the draft regulations may not be approved by a resolution of the National Assembly until after the expiry of a period of 60 days from the date on which the draft regulations are laid.