Subordinate Legislation
Subordinate legislation is law that is made by Ministers (or other bodies) using powers given to them by primary legislation such as an Act of the Senedd.
The primary legislation is known as the enabling Act, because it enables the subordinate legislation to be made. In Wales, the Welsh Ministers make subordinate legislation using powers given to them in primary legislation such as Senedd Acts, Assembly Measures and Acts of the UK Parliament.
Subordinate legislation is also sometimes referred to as delegated legislation, because the power to make subordinate legislation is delegated by the enabling act. Subordinate legislation is also referred to as secondary legislation.
As of 1 January 2026, all Welsh statutory instruments must be laid before the Senedd.
An example of subordinate legislation
Section 33(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 states:
"The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector."
The enabling Act is the Regulation and Inspection of Social Care (Wales) Act 2016. Section 33(3) of that Act enables the Welsh Ministers to make subordinate legislation (in the form of regulations) about the qualifications of social care inspectors. Without that enabling power, the Welsh Ministers could not make subordinate legislation about the qualifications of social care inspectors.
Most subordinate legislation in Wales is made in the form of statutory instruments such as regulations or orders. Welsh statutory instruments are those that are made only by the Welsh Ministers or any other devolved Welsh authority.
Other forms of subordinate legislation can include codes of practice, rules, schemes or guidance.
Some statutory instruments are also made jointly by the Welsh Ministers and UK Government Ministers.
Statutory Instruments
The processes for making and publishing Welsh statutory instruments are set out in the Legislation (Wales) Act 2019. The procedures that are applied by the Senedd to scrutinise Welsh statutory instruments are:
- the Senedd approval procedure;
- the Senedd confirmation procedure; and
- the Senedd annulment procedure.
Some statutory instruments are not subject to any procedure. Others are subject to specific procedures that are set out in the enabling Act.
From 1 January, the labels given to Senedd scrutiny procedures for Welsh statutory instruments changed. Find out more.
See below for statutory instructions that are subject to these procedures, and more information about the procedures themselves.
The "responsible committee"
The Senedd’s Standing Orders state that a committee must consider all statutory instruments or draft statutory instruments required by any enactment to be laid before the Senedd. This committee is known as the “responsible committee”.
In the Sixth Senedd, the responsible committee is the Legislation, Justice and Constitution Committee.
The responsible committee is responsible for considering and reporting to the Senedd against criteria set out in the following Standing Orders:
- Standing Order 21.2 – for example, matters that might call into question the legality of a statutory instrument or whether a statutory instrument is in both English and Welsh. The Committee must consider and report on these matters, which are known as “technical reporting points”.
- Standing Order 21.3 – for example, matters that are likely to be of interest to the Senedd, such as a statutory instrument that does not implement policy in the way claimed or that is considered to be politically contentious or significant. The Committee may consider and report on these matters, which are known as “merits reporting points”.
If the Committee is content with a statutory instrument, the Committee will issue a report that summarises the instrument. This is referred to as “a clear report”.
If the Committee is not content with a statutory instrument, it will issue a report containing reporting points noted in accordance with Standing Order 21.2 and/or Standing Order 21.3. Such reports inform the Senedd of any issues that arise under those Standing Orders in relation to statutory instruments. However, the Committee's reports do not constitute any form of veto.
Under Standing Order 21.4 the Committee must report within 20 days of a statutory instrument being laid before the Senedd.
The procedures relevant to the consideration of statutory instruments by the Senedd are set out in Standing Order 27.
The Committee routinely monitors when and how the Welsh Government corrects errors in subordinate legislation that have been identified by the Committee in its reports to the Senedd.
The Legislation, Justice and Constitution Committee also carries out scrutiny of Bills, legislative consent memoranda and other matters that fall within its remit. More information is available on the Committee’s web pages.
Statutory instruments by scrutiny procedure
Welsh statutory instruments subject to the approval procedure
Under the approval procedure, the statutory instrument is laid before the Senedd in draft form, and cannot have effect unless the draft is approved by the Senedd.
Welsh statutory instruments subject to the Senedd confirmation procedure
Under the confirmation procedure, the Welsh Ministers make the statutory instrument then lay it before the Senedd. However, the statutory instrument cannot remain law unless it is approved by the Senedd.
Welsh statutory instruments subject to the Senedd annulment procedure
Under the annulment procedure, the Welsh Ministers make the statutory instrument then lay it before the Senedd. The Senedd then has a period of 40 days to annul the statutory instrument.
Subordinate legislation subject to no procedure
Some subordinate legislation, such as Commencement Orders, is not subject to any formal procedure other than it must be laid before the Senedd.
Subordinate legislation subject to other procedures
A very small proportion of subordinate legislation is subject to specific procedures set out in the enabling act.
Regulations made under the Retained EU Law (Revocation and Reform) Act 2023 subject to sifting
The Retained EU Law (Revocation and Reform) Act 2023 provides UK Ministers and the Welsh Ministers with regulation-making powers to amend existing primary and secondary legislation.
Subordinate legislation made by the Welsh Ministers and UK Ministers acting together
Sometimes, the enabling act will say that subordinate legislation must be made jointly by both the Welsh Ministers and UK Ministers acting together.
Other subordinate legislation and information
Subordinate legislation that breaches the "21 day rule"
This subordinate legislation was subject to the negative procedure (if made pre-January 2026) or the annulment procedure (if made post-January 2026), and was not laid before the Senedd at least 21-days before it comes into effect, breaching the “21-day rule”.
Statutory Instruments laid too late in the Fifth Senedd for formal Committee scrutiny
This subordinate legislation was laid before the Fifth Senedd at a point that did not allow time for consideration by the Fifth Senedd's Legislation, Justice and Constitution Committee.
Subordinate legislation that amends the Government of Wales Act 2006
Section 109 of the Government of Wales Act 2006 allows the King, by Order in Council, to amend Schedule 7A or 7B to the 2006 Act, provided that a draft of the Order has first been approved by the Senedd and both Houses of Parliament.
