Paragraph 11 Modified Senedd annulment procedureF1

(1)

Sub-paragraphs (2) to (9) are a modification of the Senedd annulment procedure in section 37E that is applicable to an Order in Council.

(2)

The statutory instrument containing the Order in Council must be laid before Senedd Cymru as soon as practicable after the Order in Council is made, and sub-paragraph (6) applies if the instrument is not laid before Senedd Cymru at least 21 days before the Order in Council comes into force.

(3)

Senedd Cymru may, before the end of the 40 days beginning with the date on which the statutory instrument is laid before it, resolve that the Order in Council be annulled.

(4)

Where the Order in Council is annulled—

(a)

in so far as the Order in Council is not in force on the date of the resolution, the Order in Council does not come into force after that date (despite any provision in it for its coming into force),

(b)

in so far as the Order in Council is in force on that date, nothing further is to be done or continued under, or in reliance on, the Order in Council after that date, and

(c)

His Majesty may, by Order in Council, revoke the instrument.

(5)

But any such resolution or revocation does not affect—

(a)

the validity of anything previously done under the instrument, or

(b)

the making of a new Order in Council.

(6)

If this sub-paragraph applies, the Welsh Ministers must explain to the Presiding Officer why the statutory instrument was not laid at least 21 days before the Order in Council contained in it came into force.

(7)

The explanation to the Presiding Officer must be given in writing as soon as practicable after the instrument is laid before the Senedd.

(8)

In calculating the period of 21 days mentioned in sub-paragraph (2), or the period of 40 days mentioned in sub-paragraph (3), no account is to be taken of any time during which Senedd Cymru is dissolved or in recess for more than four days.

(9)

An Order in Council under sub-paragraph (4)(c) is to be made by statutory instrument.

Annotations

Textual amendments

F1: Schs. 1A-1C inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), ss. 1(3), 9(4); S.I. 2025/1160, art. 2(a) (with art. 3(1)(2))