Explanatory note
(This note is not part of the Order)
This Order brings into force the remaining provisions of the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (“the 2025 Act”) and makes transitional and saving provision in connection with the coming into force of certain provisions.
Article 2 brings the following provisions of the 2025 Act into force on 1 January 2026—
section 1, which amends the Legislation (Wales) Act 2019 (“the 2019 Act”) by inserting a new Part 2A that makes provision about Welsh statutory instruments and the Senedd procedures for Welsh subordinate legislation;
section 3, which amends the 2019 Act by inserting a new Part 2B that makes provision about the publication, preservation, numbering and classification of Acts of Senedd Cymru, Welsh statutory instruments and other subordinate legislation made by the Welsh Ministers;
section 5, which amends the 2019 Act by inserting a new section 42A that requires the Counsel General to review the operation and effect of new Parts 2A and 2B of the 2019 Act;
section 6, which amends section 2 of the 2019 Act so that programmes to improve the accessibility of Welsh law must include proposals for correcting any errors or resolving any ambiguities in Welsh law;
section 8 and Schedule 3, which contain amendments to existing enactments that are necessary in consequence of new Parts 2A and 2B of the 2019 Act.
Article 3 provides that certain provisions of Part 2A of the 2019 Act do not apply to subordinate legislation made before 1 January 2026 or contained in a statutory instrument laid before Senedd Cymru in draft before that date, and saves corresponding provisions of the Statutory Instruments Act 1946 (“the 1946 Act”) in relation to that subordinate legislation.
Article 4 provides that certain provisions of Part 2B of the 2019 Act do not apply to Welsh legislation made before 1 January 2026, saves corresponding provisions of the 1946 Act and the Statutory Instruments Regulations 1947 in relation to that legislation, and ensures that the defence of non-publication under section 37S(2) of the 2019 Act includes cases where there has not been publication under section 2(1) of the 1946 Act.
Article 5 makes clear that section 2(3)(e) of the 2019 Act (as inserted by section 6 of the 2025 Act) applies only to programmes to improve accessibility of Welsh law that are prepared for terms of Senedd Cymru that begin after 1 January 2026.