(1)The provisions of this Act, except sections 1 to 3, apply to the following as they apply to an Act—
(a)a Measure of the National Assembly for Wales, and
(b)an Act of the National Assembly for Wales, other than the Legislation (Wales) Act 2019, which receives Royal Assent before [F21 January 2020 (the day on which Part 2 of that Act comes fully into force)].
(2)The provisions of this Act apply to an instrument—
(a)made under a Measure or Act of the National Assembly for Wales, and
(b)made before [F31 January 2020],
as they apply to other subordinate legislation.
(3)The provisions of this Act apply to an instrument made under an Act of Parliament or [F4assimilated direct] legislation, and made by the Welsh Ministers or any other devolved Welsh authority, only if—
(a)the instrument is made before [F51 January 2020],
(b)the instrument is made (at any time) with any other person who is not a devolved Welsh authority, or
(c)the instrument contains any provision that applies otherwise than in relation to Wales.
(4)Nothing in subsection (2) or (3) limits the operation of sections 12 to 14A in relation to a power or duty to make an instrument to which Part 2 of the Legislation (Wales) Act 2019 applies, but section 11 does not apply in relation to such an instrument.
(5)In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.
(6)In this section, “devolved Welsh authority” [F6, “Welsh zone” and (subject to subsection (7)) “Wales”] have the same meanings as in the Government of Wales Act 2006 (see sections 157A and 158 of that Act).
[F7(7)In relation to a provision that—
(a)relates to fishing, fisheries or fish health, and
(b)is contained in an instrument made after section 45 of the Fisheries Act 2020 comes into force,
“Wales” includes the area of the Welsh zone beyond the seaward limit of the territorial sea.]]
Textual Amendments
F1Ss. 23B, 23C substituted (E.W.) (11.9.2019) for s. 23B by Legislation (Wales) Act 2019 (anaw 4), s. 44(1)(e), Sch. 2 para. 1
F2Words in s. 23B(1)(b) substituted (E.W.) (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333), arts. 1(2), 4(a)
F3Words in s. 23B(2)(b) substituted (E.W.) (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333), arts. 1(2), 4(b)
F4Words in s. 23B(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 2(4) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
F5Words in s. 23B(3)(a) substituted (E.W.) (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333), arts. 1(2), 4(b)
F6Words in s. 23B(6) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(2), 54(2) (with Sch. 4 para. 31)
F7S. 23B(7) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(3), 54(2) (with Sch. 4 para. 31)