Statutory Instruments requiring Consent: Brexit

Statutory instruments made by UK Ministers can, in certain circumstances, require the consent of the Senedd. For example, certain statutory instruments made under the Legislative and Regulatory Reform Act 2006 and the Public Bodies Act 2011.

Standing Order 30A requires that a member of the government must lay a memorandum (a statutory instrument consent memorandum or SICM) in relation to such a statutory instrument laid before the UK Parliament by UK Ministers, normally no later than three days after it is laid before the UK Parliament. After a SICM has been laid, any member may table a motion seeking the Senedd’s agreement to the provisions it highlights.

Where SICMs relate to proposals to change the law as a result of the UK’s exit from the EU, the statutory instrument that is the subject of the SICM will include the phrase “(EU Exit)” in its title.

A Member of the Welsh Government must lay a written statement giving notification of a relevant statutory instrument made or to be made by a UK Minister acting alone under sections 8, 9 or 23 of, or Schedule 4 to, the European Union (Withdrawal) Act 2018 which contains provision within the legislative competence of the Senedd or the executive competence of the Welsh Ministers.