Section 3 Legislation to which this Part appliesI1I2
England and Wales
“Welsh subordinate instrument” means an instrument (whether or not that instrument is a F4Welsh statutory instrument or statutory instrument) containing only one or both of the following—
subordinate legislation that is made under an F5Act of Senedd Cymru or an Assembly Measure, whether by the Welsh Ministers or by any other person;
subordinate legislation that—
is made under an Act of the Parliament of the United Kingdom or F6assimilated direct legislation,
is made only by the Welsh Ministers or any other devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32)), and
applies only in relation to Wales.
References in this Part to an Act of Senedd Cymru are (unless otherwise provided) references to an Act of Senedd Cymru to which this Part applies by virtue of subsection (1).
References in this Part to a Welsh subordinate instrument are (unless otherwise provided) references to the subordinate legislation contained in a Welsh subordinate instrument to which this Part applies by virtue of subsection (1).
In relation to subordinate legislation that relates to fishing, fisheries or fish health and is made after section 45 of the Fisheries Act 2020 (c. 22) comes into force, the reference in subsection (2)(b)(iii) to Wales includes the area of the Welsh zone beyond the seaward limits of the territorial sea.
Annotations
Textual amendments
- F1
Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(9)
- F2
Words in s. 3(1)(b) substituted (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333), arts. 1(2), 3(a)
- F3
Words in s. 3(1)(c) substituted (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333), arts. 1(2), 3(b)
- F4
Words in s. 3(2) inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(4), Sch. 3 para. 10; S.I. 2025/1160, art. 2(e)
- F5
Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(8)
- F6
Words in s. 3(2)(b) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 9(2)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
- F7
S. 3(3)(3A) substituted for s. 3(3) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(e), Sch. 2 para. 2
- F8
S. 3(4) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(6)(a), 54(2) (with Sch. 4 para. 31)
Commencement
- I1
S. 3 in force for specified purposes at 11.9.2019, see s. 44(1)(c)
- I2
S. 3 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2