Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Section 37E – Senedd annulment procedure
36.Section 37E defines what is meant when an enactment provides that subordinate legislation that is to be made as a Welsh statutory instrument is subject to the “Senedd annulment procedure”.
37.Under this procedure the legislation is made by the person with the power to make it, laid before the Senedd and comes into force. However, if the Senedd decides (through a resolution), before the end of 40 days beginning with the date on which the subordinate legislation was laid before it, that the legislation should not continue in effect, the legislation no longer has effect.
38.As such section 37E provides that:
39.The periods of 21 and 40 days in this section are to be calculated ignoring any time that the Senedd is in recess for more than four days or is dissolved (subsection (8)).
40.New section 12A of the 2019 Act explains what is meant by laying a document before Senedd Cymru (see also paragraph 215 below).
41.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.