These notes refer to the Welsh Tax Acts etc. (Power to Modify) Act 2022 (asc 2)
which received Royal Assent on 8 September 2022
33.
Section 5(5) provides that anything done under or in reliance on the regulations is not affected by the fact that the regulations have ceased to have effect. This will ensure that actions taken by the taxpayer in accordance with the regulations during the period they had effect are not unlawful, and also will similarly protect actions taken by the Welsh Revenue Authority.
Section 6 – Review of operation and effect of this Act
34.
Section 6 imposes a duty on the Welsh Ministers to review the operation and effect of the Act and publish the conclusions of that review within 4 years of the date that the Act came into force. That review must include an assessment of any alternative legislative mechanisms to make changes to the Welsh Tax Acts. Furthermore, the Welsh Ministers must consult the Senedd and such other persons they consider appropriate as part of the review.
Section 7 – Expiry of the power under section 1
35.
Section 7(1) provides that the power to make regulations in section 1 expires five years after the date that the Act comes into force, unless the Welsh Ministers make regulations under section 7(2) to extend that period for a further period up to a maximum end date of 30 April 2031.
36.
The power in section 7(2) may be exercised only once (section 7(4)).
37.
A statutory instrument containing regulations under that power must be made under the draft affirmative procedure.
38.
Section 7(5) provides that the regulations, cannot be laid in draft before the conclusions of the review set out in section 6 have been published, and that the Senedd cannot approve the regulations after the initial five-year period has ended.
39.
Section 7(6) provides that regulations made under section 1, before the expiry of that power, continue in force following its expiry.
Section 10 – Short title
40.
The short title of this Act is the Welsh Tax Acts etc. (Power to Modify) Act 2022.
RECORD OF PROCEEDINGS IN SENEDD CYMRU
41.
The following table sets out the dates for each stage of the Act’s passage through the Senedd. The Record of Proceedings and further information on the passage of this Act can be found on the Senedd website at:
Welsh Tax Acts etc. (Power to Modify) Bill (senedd.wales)
5
