Local Government Byelaws (Wales) Act 2012 Explanatory Notes

Section 9 – Power to amend Part 1 of Schedule 1

35.Section 9 provides a power for the Welsh Ministers, by order, to amend Part 1 of Schedule 1 (byelaws not requiring confirmation) to the Act.  In making any such order the Welsh Ministers may amend Part 1 of Schedule 1 by adding or subtracting from the list of enactments or by amending the type of authority that may make byelaws without confirmation.  By virtue of section 21(4), such an order is subject to affirmative resolution by the National Assembly for Wales as the order will amend this Act and may include consequential  amendments to other primary legislation in accordance with the power in section 21(1).

36.Provisions in section 21(1) allow the Welsh Ministers to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider to be appropriate.  In the case of an order under section 9, this can include provision amending, repealing or revoking enactments.

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