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Guidelines on Choice of Affirmative and Negative Procedure

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Acts or Assembly Measures enable Welsh Ministers to make more detailed legislation by means of Statutory Instruments.
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Guidelines setting out criteria to be taken into account when choosing whether to use a draft affirmative or negative procedure.

The draft affirmative procedure is used when the instrument cannot be made unless a draft of it is laid before and approved by a resolution of the Assembly.  The negative procedure is used when the instrument can be made, and can come into force but must be laid before the Assembly.  It can also be annulled by a resolution of the Assembly.

The commitment to prepare and publish these guidelines was part of the former Counsel General's review of the Welsh Government's legislative processes.

These Guidelines apply when:

  • the Welsh Government is seeking a power to make a statutory instrument in an Assembly Bill;
  • the Welsh Government is seeking such a power in a UK Parliament Bill;
  • an enactment provides a choice between affirmative and negative Assembly procedure for a statutory instrument.

The Welsh Government’s Guidelines on Choice of Affirmative and Negative Procedure in Subordinate Legislation has been sent to the Presiding Officer and the Chair of the Constitutional and Legislative Affairs Committee. A further copy has also been deposited in the Assembly Library.