Statutory Instrument of the Welsh Assembly [from Electronic source using APA 5th ed.]

Overview

Because the situation regarding legal references is complex, and only US law is covered in the APA Manual, the following guidance is based on the system recommended by the Institute of Criminal Justice Studies. It should not be followed by any student submitting work to the Law Department of Portsmouth Business School, and students working in other departments should consult their lecturers.

A statutory instrument is also known as an SI.

The text of electronic and print versions will be identical, therefore there is no need to give details of the origin of the source you have used.

When using legislation in your work you must be clear as to whether or not you are dealing with the law as it was passed by Parliament initially, or the law as in force currently.

When looking at legislation online, you should rely on trusted sources such as The Office of Public Sector Information or the British and Irish Legal Information Institute. However, these sites give the law as it was passed and do not reflect repeals and amendments. Even the Statute Law Database is currently only up to date as far as 2002 with its amendments. It is better to use a database such as Lexis Library or Westlaw as you will find that the text you are looking at is consolidated and includes amendments and repeals to within the last month. This means you will be looking at the law as in force. 

Standard Form

Statutory Instruments are not included in reference lists at all. However, if you wish to adopt a consistent policy throughout and are using one source for all your references a rider in your bibligraphy could clarify the fact that you have used an electronic source for law and what type of source it is.

e.g. All statutory instruments cited are as passed and references are taken from [title e.g. British and Irish Legal Information Institute] website.

or All statutory instruments referred to is are as currently in force and have been sourced from the [name e.g. Westlaw] database.

or a similar statement.

Having done this the first citation of any statutory instrument retrieved from a website would be cited in full as follows:

Short title as printed on cover of the instrument (including capitalization as shown but with no italicization) SI Date No. Number

No comma should appear between the title and the date.

Thereafter the short title or an accepted / recognized abbreviation of it can be used without the date if there is no cause for confusion.

When you first mention the Statutory Instrument, give the full reference in your citation, e.g.

...the Working Time Regulations SI 1998 No. 1833...

Thereafter, it could be referred to as:

... the Working Time Regulations...

The main aim in any citation is for clarity.

Examples

In the case of Statutory Instruments from the Welsh Assembly the word Wales is normally included in brackets in the short title unless the Act is obviously a local one.

The St Clears-Pembroke Dock Trunk Road (A477) (Sageston-Redberth Bypass) Order 2000/1172

but

The Single Education Plan (Wales) Regulations 2006/877

Remember after the first full citation the date and number can be omitted and the title shortened so long as separate pieces of legislation are clearly identifiable.

Citation in Text

When citing in text you need to pinpoint your specific reference within the act. Rather than use page numbers it is often easier to use the internal numbering of the act itself.

... those consulted under S6 of The Single Education Plan (Wales) Regulations include ...

If you want to refer to several sections at the same time then, for example, write

... grants as detailed in S 6, 8 and 9 of The Individual Learning Accounts Wales Regulations 2003/918

In case of amended legislation make the exact source quite clear, e.g.

... in Wales The Air Quality Regulation 1997/3043 were revoked by The Air Quality (Wales) Regulations 2000/1940

Notes

  • Legislation applying to the whole of the UK can be assumed to apply in its entirety to Wales unless this is made explicit within the Act. Some Acts apply primarily or exclusively to England and Wales
  • The National Assembly for Wales is restricted to passing subordinate legislation only. These have Statutory Instrument numbers but are also given numbers to designate them in a separate Welsh sequence (prefixed with a W). It is less confusing for referencing to use the standard Statutory Instrument number.
  • The Welsh language has official equal status with English in Wales so every Statutory Instrument made by the Assembly is officially published in both English and Welsh.