Section 71 Orders and regulations

(1)

Any power of the Welsh Ministers to make an order or regulations under this Act (other than an order under section 47) is exercisable by statutory instrument and includes power to—

(a)

make incidental, consequential, supplemental, transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient for the purposes of, or in connection with, this Act,

(b)

modify any enactment (including this Act), and

(c)

make different provision for different purposes and areas.

(2)

A statutory instrument which contains—

(a)

an order under section 34(3)(e) or 70(1),

(b)

an order under section 37(1) which includes provision altering the area of a principal council or a preserved county F1..., F2...

F3(ba)

regulations under section 20E(3)(c),

F4(bb)

regulations under section 29(3A),

F5(bc)

regulations under section 31(A3),

(c)

regulations under section 41(1),

F6(d)

regulations under section 69C(2)(e), 69D(1)(b) or 69K(2)(d),

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3)

Despite subsection (2), any statutory instrument containing an order or regulations made under this Act which includes provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales is not to be made until a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(4)

This section does not apply to an order made under section 45 or 75 F7, or regulations made under section 49J.

Annotations

Textual amendments

F1: Words in s. 71(2)(b) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 150(2)(d), 175(1)(f)(2)
F2: Word in s. 71(2)(b) omitted (1.1.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 1(4)(a); S.I. 2024/1337, art. 2(b)
F3: S. 71(2)(ba) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 1(4)(b); S.I. 2024/1337, art. 2(b)
F4: S. 71(2)(bb) inserted (9.11.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 41(3), 72(2)(a) (with s. 55)
F5: S. 71(2)(bc) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 51(5), 72(2)(a) (with s. 55)
F6: S. 71(2)(d) inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 13(5); S.I. 2024/1337, art. 3(e)
F7: Words in s. 71(4) inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(2)(c), Sch. 3 para. 2(5)

Notes on the whole Act

Textual amendments

F1: Short Title substituted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 11(1), 25(1)(a)