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Guidelines on choice of affirmative and negative procedure

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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.

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.