Introductory text

Annotations

Footnotes

f1

2002 c. 38; see the definitions of “regulations”, “appropriate Minister” and “the Assembly” in section 144(1). The power conferred on the National Assembly for Wales to make regulations under the Adoption and Children Act 2002 transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

f2

Section 140(3)(a) of the Adoption and Children Act 2002 provides that a statutory instrument containing subordinate legislation under section 9 which includes provision made by virtue of section 45(2) (that is, provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. Where subordinate legislation is made by the National Assembly for Wales, section 140(3) is disapplied (see section 140(4)). By virtue of paragraph 34 of Schedule 11 to the Government of Wales Act 2006, section 140(3) applies to the exercise by the Welsh Ministers of the function of making a statutory instrument containing such subordinate legislation as if the reference to each House of Parliament were a reference to the National Assembly for Wales. Accordingly, by virtue of paragraph 34(2) of Schedule 11 to the Government of Wales Act 2006, these Regulations are subject to the affirmative procedure.