Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 section 79

Regulations

Section 79 sets out how regulation-making powers under the Act must be exercised, including the parliamentary procedures that apply to different types of regulations.

• All regulations under the Act must be made by statutory instrument and may make different provision for different purposes.
• Regulations dealing with significant matters — such as tax bands and rates, reliefs, exempt interests, higher rates for residential property, and the treatment of entities like partnerships, trusts, and companies — require prior approval by the Senedd (formerly the National Assembly for Wales) through the affirmative procedure.
• Most other regulations under the Act are subject to the negative procedure, meaning they take effect unless the Senedd passes a resolution to annul them.
• Regulations setting tax rates and bands, and certain consequential provision regulations, fall outside both the affirmative and negative procedures and are instead subject to their own specific parliamentary process set out elsewhere in the Act.