Section 3 Meaning of “appropriate national authority” and related provisionI1

United Kingdom Not yet in force

(1)

In section 1, “appropriate national authority”, in relation to the making of regulations, means—

(a)

the Secretary of State;

(b)

the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;

(c)

the Welsh Ministers, so far as provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru;

(d)

the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”), so far as provision made by the regulations would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly.

(2)

DAERA must obtain the consent of the Secretary of State before making any provision in regulations under section 1 that, if contained in a Bill in the Northern Ireland Assembly, would result in the Bill’s requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(3)

The Secretary of State must obtain the consent of—

(a)

the Scottish Ministers,

(b)

the Welsh Ministers, or

(c)

DAERA,

before making any provision in regulations under section 1 that could be made in regulations under that section by (respectively) the Scottish Ministers, the Welsh Ministers, or DAERA.

(4)

But DAERA’s consent is not needed under subsection (3) for provision that would need the Secretary of State’s consent under subsection (2) before it could be made in regulations made by DAERA.

(5)

Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended as set out in subsections (6) and (7).

(6)

In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—

(a)

each of the sub-paragraphs numbered (i) and so on (including any sub-paragraph not yet in force) becomes an unnumbered sub-paragraph;

(b)

omit the “or” after the penultimate of those sub-paragraphs;

(c)

at the end insert—

“the Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2025.”

(7)

In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—

(a)

each of the sub-paragraphs numbered (i) and so on (including any sub-paragraph not yet in force) becomes an unnumbered sub-paragraph;

(b)

omit the “or” after the penultimate of those sub-paragraphs;

(c)

at the end insert—

“the Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2025.”

(8)

Where any enactment passed or made on or after the day on which this Act is passed inserts a numbered sub-paragraph in paragraph 9(8)(b) or 11(6)(b) of Schedule 7B to the Government of Wales Act 2006, the enactment has effect as if—

(a)

it instead inserted an unnumbered sub-paragraph at the same place, and

(b)

where relevant, it did not insert “or” before that sub-paragraph or omit “or” before the preceding sub-paragraph.

Annotations

Commencement

I1: S. 3 not in force at Royal Assent, see s. 8(3)