Section 4 Procedure for regulations under section 1I1

A power of the Secretary of State or the Welsh Ministers to make regulations under section 1 is exercisable by statutory instrument.

A power of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”) to make regulations under section 1 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Regulations under section 1 are subject to the affirmative procedure, subject to subsection (4).

Regulations that contain provision made by virtue of section 1(2)(d) (power to specify fee in relation to permit application) and do not contain any other provision under section 1 are subject to the negative procedure.

Where the Secretary of State, the Welsh Ministers or DAERA propose that the same regulations should contain both—

the provision mentioned in paragraph (b) may instead be made by regulations subject to the affirmative procedure.

In this section—

• “subject to the affirmative procedure”, in relation to regulations made by the Secretary of State, the Welsh Ministers or DAERA, means—

  1. (a)

     in the case of regulations made by the Secretary of State, that a statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

  2. (b)

     in the case of regulations made by the Welsh Ministers, that a statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru;

  3. (c)

     in the case of regulations made by DAERA, that the regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly;

• “subject to the negative procedure”, in relation to regulations made by the Secretary of State, the Welsh Ministers or DAERA, means—

  1. (a)

     in the case of regulations made by the Secretary of State, that a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

  2. (b)

     in the case of regulations made by the Welsh Ministers, that a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

  3. (c)

     in the case of regulations made by DAERA, that the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

In relation to regulations under section 1 made by the Scottish Ministers, see—