Section 343AE Sections 343AA to 343AD: guidance

(1)

F1F2The Secretary of State may issue guidance relating to the duties imposed by sections 343AA(1), 343AB(1), 343AC(1) and 343AD(1).

(2)

A person or body specified in subsection (3) of section 343AA, 343AB, 343AC or 343AD must have regard to any guidance for the time being in force under subsection (1) when exercising a relevant function.

(3)

The Secretary of State may from time to time revise any guidance issued under this section.

(4)

Guidance under this section—

(a)

may not be issued unless a draft has been laid before Parliament, and

(b)

comes into force on whatever day the Secretary of State may appoint by regulations.

(5)

Before laying draft guidance under this section before Parliament the Secretary of State must consult—

(a)

the Welsh Ministers so far as the guidance relates to devolved Welsh functions,

(b)

the Scottish Ministers so far as the guidance relates to devolved Scottish functions,

(c)

the relevant Northern Ireland department so far as the guidance relates to devolved Northern Ireland functions, and

(d)

any other persons the Secretary of State considers appropriate.

(6)

Subsection (4) has effect in relation to any revised guidance.

(7)

Subsection (5) has effect in relation to any revised guidance unless the Secretary of State considers that the proposed revisions to the guidance are insubstantial.

(8)

The Secretary of State must publish the version currently in force of any guidance issued under this section.

(9)

For the purposes of this section a function is a “devolved Welsh function” if—

(a)

it deals with a matter in respect of which functions are exercisable by the Welsh Ministers or the First Minister for Wales, or

(b)

a provision conferring the function would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given).

(10)

For the purposes of this section a function is a “devolved Scottish function” if—

(a)

it deals with a matter in respect of which functions are exercisable by the Scottish Ministers or the First Minister, or

(b)

a provision conferring the function would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

(11)

For the purposes of this section a function is a “devolved Northern Ireland function” if—

(a)

it deals with a matter in respect of which functions are exercisable by a Northern Ireland department, or

(b)

a provision conferring the function—

(i)

would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or

(ii)

is contained in, or was made under, Northern Ireland legislation, and would be within the legislative competence of the Northern Ireland Assembly, and would require the consent of the Secretary of State, if contained in an Act of that Assembly.

Annotations

Textual amendments

F1: Pt. 16A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 2, 32(3); S.I. 2012/669, art. 4(a)
F2: Ss. 343AA-343AF inserted (1.5.2022 for specified purposes, 22.11.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 8(3), 24(1); S.I. 2022/471, reg. 3; S.I. 2022/1161, reg. 3

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)