Paragraph 125 I1

Before Article 85 insert—

“Article 83A

Regulation procedure

1

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

2

Such regulations may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b)

make different provision for different purposes.

3

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

Article 83B

The consent requirement

1

Where any provision of this Regulation states that a function is subject to the consent requirement, the function may be exercised in a particular instance only if the person exercising it has obtained the consent or consents (if any) required by F1paragraphs 2 and 3.

2

The consent of the Scottish Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 54 of the Scotland Act 1998 M1) whether or not the exercise of the function also relates to a part of the United Kingdom other than Scotland.

3

The consent of the Welsh Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 58A(7) and (8) of the Government of Wales Act 2006 M2) whether or not the exercise of the function also relates to a part of the United Kingdom other than Wales.

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