Commentary on Sections Part 2 – Publication Etc. of Welsh Legislation Section 37Z – Welsh Ministers to publish subordinate legislation not made by statutory instrument
112.Occasionally provision is made in an Act of the Senedd regarding the publication of subordinate legislation that is not in the form of a statutory instrument. For example, under section 15 of the Tax Collection and Management (Wales) Act 2016, the Welsh Ministers must publish any general directions they give the Welsh Revenue Authority. Similarly, section 19 of Health and Social Care (Quality and Engagement) (Wales) Act 2020 makes provision for the publication of a Code of Practice.
113.More widely though there are no overarching requirements upon the Welsh Ministers to publish subordinate legislation made by them when it is not in the form of a statutory instrument (or Welsh statutory instrument). In practice most subordinate legislation not in the form of a statutory instrument is published on the Welsh Government’s website: www.gov.wales
114.Nonetheless the Counsel General and Welsh Ministers have, in their programme to improve the accessibility of Welsh law (The Future of Welsh Law (revised 2023), Welsh Government), committed to strengthen the publication arrangements for subordinate legislation. Section 37Z places a duty on the Welsh Ministers to number, classify and publish online all subordinate legislation made by them when it is not in the form of a Welsh statutory instrument.
115.Section 37Z does not detail the arrangements for numbering and classification of subordinate legislation, but instead at subsection (2) requires the Welsh Ministers to prepare and publish a determination on these arrangements.