Background
The Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 became law on 10 July 2025 (“the 2025 Act”). The stated purpose of the Act is:
- to bring together and formalise:
- the procedural arrangements for making Welsh subordinate legislation, and
- the requirements for publishing Acts of Senedd Cymru and Welsh statutory instruments, and other subordinate legislation that is not made by statutory instrument.
- to improve the accessibility of Welsh law, by:
- repealing, amending and otherwise disapplying in relation to Wales provisions and enactments that are no longer of practical utility or benefit; and
- making minor amendments to the Legislation (Wales) Act 2019.
The 2025 Act amends the Legislation (Wales) Act 2019 (“the 2019 Act”) to make provision relating to the procedures for making and publishing Welsh statutory instruments.
The key changes
The amended 2019 Act defines what a “Welsh statutory instrument” is as follows:
“In subsection (1) "Welsh subordinate legislation" means subordinate legislation that is made only by—
(a) the Welsh Ministers, or
(b) any other devolved Welsh authority within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32).”
It sets out what the procedures are for making and approving Welsh statutory instruments, including by giving new names for the different scrutiny procedures:
- The draft affirmative procedure becomes the Senedd approval procedure.
- The made affirmative procedure becomes the Senedd confirmation procedure.
- The negative procedure becomes the Senedd annulment procedure.
All statutory instruments must be laid before the Senedd, even those that are not subject to any procedure. If this is not done before the instrument comes into force, a letter of explanation as to why must be provided to the Llywydd.
These changes took effect on 1 January 2026.
Other changes
The 2019 Act (as amended) sets out that the King’s Printer is responsible for publishing Acts of Senedd Cymru, Welsh statutory instruments and related documents. Previously, legislation was silent on the King’s Printer’s role in the publishing of Welsh legislation (however, in practice the King’s Printer undertook those duties).
The 2019 Act also sets out details about how Welsh statutory instruments must be published, including how statutory instruments must be numbered.