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Third Assembly (2007 - 2011)

Subordinate Legislation

Subordinate legislation is the laws brought forward by Ministers under powers delegated by an Act or Measure of the Assembly or by an Act of Parliament.

In passing an Act, the Assembly approves its principles, general objectives and important points of detail.  However, the Act will usually give Welsh Ministers, or some other body, powers to make detailed rules and regulations or compel action relating to how the main law is implemented.

Subordinate Legislation is also referred to as secondary legislation, delegated legislation or statutory instruments.  It includes orders, regulations, rules and schemes, and can include statutory guidance and local orders.

The Assembly procedures relevant to most Subordinate Legislation are set out in Standing Orders 24 and 25. Subordinate Legislation was scrutinised by the Constitutional Affairs Committee under Standing Order 15.

 
A small proportion of the most important legislation is subject to approval (the affirmative procedure) and has to be formally approved by the Assembly before it takes effect.

Most Subordinate Legislation is subject to annulment (the negative procedure), which takes effect subject to the power of the Assembly resolves to annul it.
“Subordinate Legislation – Other”  includes legislation for which no formal procedure is prescribed other than that it be laid before the Assembly.  Other subordinate legislation (such as road closure orders) can be found on the National Archives website, and will not appear here.
 
  • Breach of the 21 Day Rule Letters

According to the Government of Wales Act 2006 if an instrument is not laid before the National Assembly at least 21 days before it comes into operation, notification must be sent to the Presiding Officer.
  • Statutory Instruments Made Jointly with the Secretary of State

Instruments which are made jointly by Welsh Assembly Ministers and the Secretary of State have to be laid before the Assembly and Parliament (these are not considered by the Subordinate Legislation Committee as per Standing Order 15.7 (ii))

 
  • Orders which follow Special Assembly Procedures

A special procedure order is a piece of delegated legislation. Orders, to which Special Assembly Procedure applies, cannot be made or confirmed by the Minister until the procedures laid down by Standing Order 25 have been complied with.

Standing Order 25 includes provision for petitions to be presented to the Assembly’s Presiding Officer against the draft special procedure Order. The Presiding Officer has produced written guidance for presenting such a petition.

  • ​​​Legislatio​n Reports

  • Third Assembly (2007 - 2011) Word | PDF
  • Second Assembly (2003 - 2007) Word | PDF
  • First Assembly (1999 - 2003) Word | PDF
 

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