Regulation 88 I1

After Article 38 insert—

“Article 38a

Regulations

1

This Article applies in relation to any power conferred by this Regulation on the appropriate authority to make provision by regulations.

2

The appropriate authority is—

(a)

for regulations applying in relation to England, the Secretary of State;

(b)

for regulations applying in relation to Wales, the Welsh Ministers;

(c)

for regulations applying in relation to Scotland, the Scottish Ministers;

F1(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

But the appropriate authority is the Secretary of State if consent is given by—

(a)

for regulations applying in relation to Wales, the Welsh Ministers;

(b)

for regulations applying in relation to Scotland, the Scottish Ministers;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 38b

Regulations procedure

1

Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2

For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1.

F23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5

A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6

Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

Such regulations may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)

make different provision for different purposes.

9

Before making any regulations under this Regulation, an appropriate authority must consult—

(a)

such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)

such other bodies or persons as the appropriate authority may consider appropriate.”.