Legislation, Justice and Constitution Committee

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The Healthy Eating in Schools (Nutritional Standards and Requirements) (Maintained Primary Schools) (Wales) Regulations 2025: these regulations apply to local authorities and governing bodies that provide food and drink on a school day to pupils at primary schools. They set out the types of food and drink that must and must not be provided, and the frequency with which certain foods must or must not be provided. They also prescribe the energy and nutrient content of average school lunches. The regulations also amend the Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 so that those regulations only apply to secondary schools, and not to primary schools or nursery schools. Senedd lawyers have identified one technical and one merits reporting point. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?

Thank you, Chair. So, there's a technical reporting point that seeks clarity on the meaning of 'nursery school' and 'special school', as these terms aren't defined in the regulations. There's also a merits point that asks the Welsh Government to confirm how implementation of the requirements and standards for relevant food and drink provision in schools will be monitored, and whether there will be any consequences for non-compliance.

Do Members have anything to raise? No. We'll thank Jen, then, and we will send these on.

The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, draft report: these regulations are made under powers conferred by the Building Act 1984, as amended by the Building Safety Act 2022. They are part of a suite of reforms aimed at improving building safety following the Grenfell Tower tragedy. The regulations introduce a structured change control mechanism that aims to ensure that any design or construction changes are properly assessed, documented and approved. The regulations also mandate the creation and ongoing maintenance of a digital record of building information, require the reporting of any safety occurrences and establish processes in relation to completion certificates. Senedd lawyers have identified 16 technical points. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points and any Welsh Government response?

Thank you, Chair. You're correct in that no Welsh Government response has been received as yet. Eight of the points request further information from the Government in relation to issues arising from the use of definitions, including one that arises in the Welsh text only. Further clarification is also requested regarding a consistent approach to the calculation of days under the regulations. Two points highlight inconsistencies between the Welsh and English texts. Three relate to issues with cross-referencing, one of which notes some defective drafting. And two seek further clarity on the use of the words 'can' as a possibility, rather than 'may' as a legal power, and also 'should' instead of 'must' as an imperative.

Thank you, Jen. Members, do you have anything to add? No. Are we happy to agree the reporting points? I'll take that to be 'yes'.

Item 3.3, the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025. These regulations amend the Building Regulations 2010 and other related secondary legislation in Wales to implement provisions of Part 3 of the Building Safety Act 2022. The amendments introduce new procedural requirements, clarify duties and competencies of dutyholders, establish mechanisms for enforcement and appeals in relation to building control and provide transitional arrangements for work commenced or approved prior to the coming-into-force date. These regulations also make minor, unrelated amendments to the building regulations and consequential amendments to other statutory instruments. Senedd lawyers have identified 23 technical and one merits reporting point. A Welsh Government response has not been received. Jen, would you like to run us through the reporting points and any Welsh Government response?

Thank you, Chair. As you say, no Welsh Government response as yet. Of the technical reporting points, one requests further clarification regarding a consistent approach again to the calculation of days under the regulations. There are two defective drafting points regarding cross-referencing and accuracies, and further explanation is sought in relation to another cross-referencing issue. There are three additional defective drafting points that are raised in relation to the failure to use correct definitions in amendments made by the regulations. There are seven points requiring further explanation in relation to a failure to properly define different terms, and six inconsistencies between the Welsh and English texts are also flagged. Further explanation is requested regarding the correct placement of an amendment made by the regulations, the consistent use of terminology, one of which again is in the Welsh text only, and again the use of the words 'can', 'may', 'should' and 'must'. Finally, the merits point notes that the Government has amended wording that was previously set out in the Building etc. (Amendment) (Wales) Regulations 2025 to address technical scrutiny points that were raised by the committee regarding that instrument.

Thanks, Jen. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? Yes.

The Regulated Services (Registration) (Wales) (Amendment) Regulations 2026: these regulations amend the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Registration) (Wales) Regulations 2017, which provide the statutory framework for the regulation and inspection of social care services and the regulation of the social care workforce in Wales. These regulations restrict the provision of certain children’s services to local authorities and not-for-profit entities. Senedd lawyers have identified three technical and one merits reporting point. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting points and any Welsh Government response that has been received recently?

Thank you, Chair. No Welsh Government response yet. The first technical reporting point highlights defective drafting, as the English text of the regulations omits the final regulation, which means that a new Schedule is not inserted into the 2017 regulations, and therefore all other references to that paragraph are also defective. In turn, the explanatory note to the regulations is also incorrect. Two requests for clarification are made in relation to the potential for confusion caused by the wording of an amendment set out in these regulations, and also regarding how a new provision will work in conjunction with the 2016 Act. We're also seeking clearer drafting regarding who serves notice under the 2017 regulations to cease providing services. Finally, there's a merits point as well that seeks clarity on what assessment is made of the suitability and competence of an applicant who is taking over provision of services from a service provider under the 2017 regulations.

Thanks, Jen. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? Yes. Great. Thank you very much.

On to instruments subject to the Senedd approval procedure, or what was previously known as the draft affirmative procedure. The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026. The emissions trading scheme incentivises decarbonisation by requiring operators to purchase allowances, which they must monitor, report on and surrender. The emissions trading scheme runs for 10 years and is split across two allocation periods, 2021-25 and 2027-30, and 2026 as a stand-alone year. This Order makes three main changes to the calculation of free allocation for the 2027-30 allocation period. Senedd lawyers have identified two technical reporting points. A Welsh Government response has been received and is in the supplementary pack. Jen, would you like to run through the reporting points and the Government's response?

Thank you, Chair. The response received relates to the first reporting point, which flags an error resulting in uncertainty about where an amendment made by the Order should be placed. The Welsh Government accepts the point and is working alongside the other Governments who form the UK trading scheme authority to determine the best option to remedy the error at the earliest opportunity. The second reporting point notes that it wasn't considered reasonably practical to make this instrument bilingually as it was also subject to scrutiny by other Parliaments in the UK.

Members, are we happy to agree the reporting points? Is there anything anybody would like to add? No.

The Annual Returns (Miscellaneous Amendments) (Wales) Regulations 2026. These regulations amend the Regulated Services (Annual Returns) (Wales) Regulations 2017, which were made under section 10 of the Regulation and Inspection of Social Care (Wales) Act 2016. They also make a minor amendment to the Regulated Services (Penalty Notices) (Wales) Regulations 2019. The regulations require non-exempt service providers that are not local authorities and which provide a restricted children’s service to include in their annual return a statement confirming that they are a not-for-profit entity. They also require service providers to publish their annual returns on their websites within a specified time frame of 91 days following the end of the financial year to which it relates. Senedd lawyers have identified one merits reporting point. A Welsh Government response has not been received.

Thank you, Chair. No response has been requested in relation to the reporting point. It simply notes that the regulations have been laid before the applicable enabling powers have come into force, which is permissible under section 16 of the Legislation (Wales) Act 2019. So, the regulations and the enabling power both come into force on 1 April.

Thanks, Jen. Do Members wish to raise anything? No. Are we happy to agree the reporting points? Yes.

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Regulation and Inspection of Social Care) (Miscellaneous Amendments) (Wales) Regulations 2026. The regulations amend the Regulation and Inspection of Social Care (Wales) Act 2016 to give effect, within the framework established for the regulation of social care workers in Wales, to the provisions relating to the recognition of professional qualifications contained in a 2021 free trade agreement between Iceland, Liechtenstein, Norway and the UK, and a 2023 agreement between the UK, Northern Ireland and Switzerland. Senedd lawyers have identified two technical reporting points. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points and tell us if you've now had a Welsh Government response?

Thank you, Chair. No response as yet. Both of the points raised request further clarification regarding the lack of definition for 'supervised practice' in the regulations, and whether an application for registration or renewal is deemed approved or rejected if the registrar fails to give notice of its decision within the prescribed time frame.

Thank you, Jen. Members, do you have anything to raise? No. Are we happy to agree the reporting points? Yes. I see people nodding.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.7. The Building Safety Act 2022 (Commencement No. 6) (Wales) Regulations 2025. These regulations are the sixth commencement regulations made under the Building Safety Act 2022. They bring into force certain provisions of Part 3 of, and Schedule 5 to, the Building Safety Act 2022 on 1 July 2026 in relation to Wales. Senedd lawyers have identified one reporting point. A Welsh Government response has been received. Jen, would you like to run through the reporting point and the Welsh Government response?

Thank you, Chair. The point flags that the Welsh text of these commencement regulations doesn't include a commencement date. The Welsh Government has acknowledged this error and intends to lay amending regulations ahead of the coming into force date of 1 July to correct the Welsh text.

Thanks, Jen. Do Members have anything to raise? No. Are we happy to agree the reporting point? Okay.

The Building Act 1984 (Commencement No. 1) (Wales) Order 2025. This Order is the first commencement Order made under the Building Act 1984 in relation to Wales only. However, two commencement Orders prior to the devolution of building safety to Wales brought provisions of the Act into force in relation to England and Wales. This Order brings into force section 33 of the Act in relation to Wales. Section 33 makes provision in relation to testing and sampling for the purpose of ascertaining whether any provision of building regulations have been, or may be, contravened. Senedd lawyers have identified one reporting point. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting point and, if we have had a Welsh Government response, the Government response?

Yes, Chair, we have now had a Government response on this one, as well. Again, the point flags that the Welsh version of this commencement Order doesn't include a commencement date. So, the Government has confirmed that the Order will be amended ahead of the coming into force date of 1 July to again correct the Welsh text on this occasion.

Thanks, Jen. On to Members, is there anything they wish to raise? No. Are we happy to agree the reporting point? Yes.

Item 5 is instruments that raise issues to be reported to the Senedd under Standing Order 21.22 or 21.3, previously considered. The Tax Collection and Management (Visitor Levy Costs) (Wales) Regulations 2026. The committee considered this instrument at its last meeting and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

Thank you, Chair. Just to say that the committee queried the lack of definition of the term 'visitor levy', but the Government has confirmed its view that the meaning is sufficiently clear, so no further action is going to be taken.

Thanks, Jen. Do any Members wish to raise anything? No. Are we happy to note the Government's response? I take that to be a 'yes'.

Made negative resolution instruments: the Procurement Act 2023 (Threshold Amounts) (Amendment) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 19 January and laid its report the same day. Members are invited to note the Welsh Government's response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

No, Chair. The response is quite detailed, so nothing to add.

Thanks, Jen. Do Members have anything they wish to ask? No. Are we happy to note the Welsh Government response? People are nodding, so I take that to be a 'yes'.

Can we group items 6.1, 6.2 and 6.3 together? The committee considered these three revised codes of practice in a meeting on 19 January and laid its reports the same day. Members are invited to note the Welsh Government responses to the reports, which have since been received and are in the supplementary pack. The Welsh Government accept that there are some minor inconsistencies and they consider that these do not materially impact the codes. However, some of those minor inconsistencies will be addressed at an appropriate opportunity, they say. Jen, do you have anything to raise from the Welsh Government responses?

Thank you, Chair. As you say, a similar response has been received for all three codes and the view is that they don't materially impact the codes, and they also state that amending them again would require them to be withdrawn and relaid for a further 40 days, which would have a detrimental impact on stakeholders. However, Members may wish to note that these codes have already been laid once previously and it is the relaid Welsh text that still contains these errors, some of which Senedd lawyers do consider may cause confusion or lack of sense in the Welsh text.

Do any Members wish to raise anything? No. Thank you, Jen. Are we happy to note the Welsh Government response? Yes.

Notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Welsh Government on meetings of inter-ministerial groups: a written statement by the First Minister of Wales on the British-Irish Council meeting of 16 January; a letter from the First Minister of Wales on the British-Irish Council meeting of 16 January; a letter from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the memorandum of understanding between the Department for Energy Security and Net Zero and the Welsh Ministers of 19 January; a letter from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Inter-ministerial Group for Environment, Food and Rural Affairs of 20 January; a letter from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Interministerial Group on Net Zero, Energy and Climate Change of 22 January 2026.

We have a number of notifications this week of inter-ministerial group meetings taking place. Firstly, the First Minister informs us that a meeting of the British-Irish Council took place in December in the Vale of Glamorgan. The First Minister's written statement outlines the topics of discussion, which included a focus on the screen sector and reflection on the latest domestic and international political development. Secondly, the Deputy First Minister has written to inform us that a memorandum of understanding between the Department for Energy Security and Net Zero and the Welsh Ministers was published on 14 January. This memorandum relates to the funding for local and community energy in Wales as part of the work of Great British Energy. The Deputy First Minister also informs us that a meeting of the Inter-ministerial Group for Environment, Food and Rural Affairs will take place on 5 February. Finally, a letter from the Deputy First Minister informs us of a meeting of the Interministerial Group on Net Zero, Energy and Climate Change that is due to take place today. Do Members have any comments? No.

A written Statement by the Cabinet Secretary for Finance and Welsh Language: the Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026. The Cabinet Secretary informs Members that consent has been given for the UK Government to make these regulations. At our meeting on 12 January, we considered the Cabinet Secretary's letter of 18 December, which informs us of the intention to provide consent. Do Members have any comments? I see none.

Correspondence from the Cabinet Secretary for Economy, Energy and Planning: the Provision of Services (Amendment and Transitional Provision) Regulations 2026. The Cabinet Secretary informs us of the intention to provide consent for the UK Government to make these regulations in devolved areas. The purpose of the regulations is to make authorisation schemes—that is, schemes concerning licences that businesses or individuals must secure before providing a service—more transparent, efficient and cost-effective. The Cabinet Secretary states that there are clear justifications for supporting consent, including that the changes are not a policy priority and are unobjectionable from a policy perspective. The regulations are expected to be laid in the UK Parliament in February 2026 and, if approved, will be made under the powers of the retained EU law Act. Do Members have any comments? No.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Sea Fisheries (Amendment) Regulations 2026. The Deputy First Minister informs us of his intention to consent to the Secretary of State making and laying these regulations in the UK Parliament, making changes that he says were agreed during the recent UK-EU fisheries consultations under the framework of the trade and co-operation agreement. He goes on to state that there is no policy divergence between the Welsh and UK Government in this matter and that the regulations amend retained legislation with UK-wide extent that was not made bilingually. If Members have no comments—. Do Members have any comments? No.

Item 8, papers to note. Correspondence from the Counsel General and Minister for Delivery: subordinate legislation. The Counsel General's letter informs us that a significant amount of subordinate legislation will come forward before the Easter recess, including 34 items subject to the Senedd approval procedure, plus those items subject to other procedures, such as the annulment procedure. We are grateful for the advance notice, considering we scrutinise every statutory instrument that has to be laid before the Senedd. Do Members have any comments they wish to make? No.

A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: consultation on proposed changes to the local authority fees and charges schemes under the Environmental Permitting (England and Wales) Regulations 2016. Members are invited to note the Deputy First Minister's written statement, which informs Members of a consultation on proposals to update the local authority fees and charges schemes, to be made under the Environmental Permitting (England and Wales) Regulations 2016. Do Members have any comments? No.

Item 8.3, correspondence from the Standards of Conduct Committee to the Member Accountability Bill Committee: the Senedd Cymru (Member Accountability and Elections) Bill. The Chair of the standards committee has raised a concern about an aspect of a recommendation made by the Member Accountability Bill Committee on provisions in the Senedd Cymru (Member Accountability and Elections) Bill on the role of lay members of the Standards of Conduct Committee. Do Members have any comments? No.

Correspondence from the Short Term Accommodation Association to the Cabinet Secretary for Finance and Welsh Language: Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill. The Short Term Accommodation Association has written to share a number of outstanding concerns it has about the content of the Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill and, as it states, the direction in which the Bill is progressing. Do Members have any comments they wish to make? The only comment I've got is why do you only have a 14-day charitable use that can count? I would have thought the more charitable use, the better. Do we know the answer, or can we ask it? I take it that we can ask it. Thank you.

Yes, we can find out that information, Chair.

Thank you.

Can I move a motion, under Standing Order 17.42(vi) and (ix), to resolve to exclude the public from the remainder of the meeting? Is that agreed? Yes.