Section 39 Power to make subordinate legislation in different forms

(1)

Where the Welsh Ministers have a power or duty to make subordinate legislation in the form of regulations, rules or an order made by F1Welsh statutory instrument, they may exercise the power or duty by making the subordinate legislation in any other of those forms by Welsh statutory instrument.

(2)

This does not affect the procedure for making a F2Welsh statutory instrument containing the subordinate legislation.

(3)

A reference in any enactment, instrument or document to regulations, rules or an order made under the power or duty includes subordinate legislation made under it in any other form in reliance on subsection (1).

(4)

Subsection (1) does not apply to subordinate legislation that—

(a)

is made under an Act of the Parliament of the United Kingdom or F3assimilated direct legislation, and

(b)

applies otherwise than in relation to Wales.

Annotations

Textual amendments

F1: Word in s. 39(1) inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(4), Sch. 3 para. 13(a); S.I. 2025/1160, art. 2(e)
F2: Word in s. 39(2) inserted (1.1.2026) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(4), Sch. 3 para. 13(b); S.I. 2025/1160, art. 2(e)
F3: Words in s. 39(4)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 9(4)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)