Subordinate Legislation
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.
An example of how an enabling Act delegates subordinate legislation-making powers
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.
Statutory Instruments
Most subordinate legislation in Wales is made in the form of a statutory instrument containing regulations or an order. Welsh statutory instruments are statutory instruments that meet the definition set out in section 37A of the Legislation (Wales) Act 2019. They can only be made by the Welsh Ministers or any other devolved Welsh authority.
The Senedd scrutinises both statutory instruments and Welsh statutory instruments. Therefore, we use the term “statutory instrument” to mean both statutory instruments and Welsh statutory instruments, unless clearly stated otherwise.
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.
However, some statutory instruments are not subject to any procedure, and others are subject to specific procedures that are set out in the enabling Act. Some statutory instruments are made jointly by the Welsh Ministers and UK Government Ministers. See below for more information.
Find out more about the changes to the labels given to Senedd scrutiny procedures for Welsh statutory instruments, which took effect from 1 January 2026.
Subordinate legislation is only made by statutory instrument when this is specified in the enabling Act, so some subordinate legislation is made in a different format (for example codes of practice, schemes or guidance). The Senedd scrutinises both statutory instruments and Welsh statutory instruments, and may scrutinise other subordinate legislation too.
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 Seventh Senedd, the responsible committee is the Legislation Committee.
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 as 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 the text of 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”.
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 21.7(i), the Committee may also scrutinise other subordinate legislation that is not made by statutory instrument (for example, codes of practice, schemes or guidance).
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 Legislation 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.
Items of subordinate legislation by scrutiny procedure
Welsh statutory instruments subject to the Senedd 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.
Welsh statutory instruments subject to no procedure
Some Welsh statutory instruments are not subject to any formal procedure other than they must be laid before the Senedd.
Items of subordinate legislation subject to other procedures
Some small proportion of subordinate legislation is subject to specific procedures set out in the enabling act.
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 Sixth Senedd for formal Committee scrutiny
This subordinate legislation was laid before the Sixth Senedd at a point that did not allow time for consideration by the Sixth Senedd's Legislation, Justice and Constitution Committee.
