Regulations made under EU (Withdrawal) Act 2018 subject to sifting
The European Union (Withdrawal) Act 2018 provides UK Ministers and the Welsh Ministers with regulation-making powers to amend existing primary and secondary legislation.
Paragraph 4 of Schedule 7 to the 2018 Act provides for a committee in the Senedd to sift certain regulations that the Welsh Ministers propose to make under the negative procedure known as ‘proposed negative regulations”. The sift Committee will then consider the appropriate procedure to be followed, either negative or affirmative. For further information on the different procedures can be found on the Subordinate legislation page.
Details of the sifting process are set out in Schedule 7 to the 2018 Act, as follows:
- all regulations proposed to be made by the Welsh Ministers under the powers in Parts 1 and 2 of Schedule 2 (other than those to be made jointly with UK Ministers), and which the Welsh Ministers consider ought to be made under the negative procedure, shall be laid before the Senedd;
- within a period of 14 calendar days after laying, the Welsh Ministers may not make the proposed negative regulations (i.e. sign them into law), unless we have made a recommendation as to the appropriate procedure for the regulations;
- within those 14 calendar days, we may consider the proposed negative regulations and recommend that the regulations should follow an alternative procedure (such as the affirmative procedure);
- after the 14 calendar days have elapsed (or sooner if we have already made a recommendation) the Welsh Ministers may proceed with the proposed negative regulations under either:
- the procedure we recommend, such as the affirmative procedure (i.e. the instrument requires a debate and a vote in the Senedd before it may be made and brought into force), or
- the negative procedure (i.e. the instrument is made and may be brought into force, but it will be annulled if the Senedd resolves to annul it within 40 days of it being laid).
Protocol (PDF 169KB) between the Welsh Government and the Legislation, Justice and Constitution Committee of the Senedd - Scrutiny of regulations arising from the UK’s exit from the European Union
29 June 2021
Business type: Subordinate Legislation
First published: 28/06/2021