Section 79 Regulations under this ActI1

England and Wales

(1)

A power to make regulations under this Act is exercisable by statutory instrument.

(2)

A power to make regulations under this Act includes—

(a)

power to make different provision for different purposes;

(b)

power to make—

(i)

supplementary, incidental or consequential provision;

(ii)

transitional or saving provision.

(3)

A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4)

Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—

(a)

section 10(5) (change to minimum number or period of inspections for category 1 tips or category 2 tips);

(b)

section 20(4), section 22(4) or section 29(3) (change to minimum period for making representations to the Authority);

(c)

section 40 (procedure etc. for appeals under Chapter 1 of Part 3);

(d)

section 43 (procedure etc. for claims for reimbursement of owners’ expenses under Chapter 1 of Part 3);

(e)

section 58 (change to meaning of “relevant public authority” in Part 4);

(f)

section 85 (application of Act to land owned by the Authority);

(g)

section 86 (change to meaning of “disused tip”);

(h)

paragraph 2(4) of Schedule 1 (change to the number of members of the Authority);

(i)

paragraph 19(11) of Schedule 1 (change to the period to which the Authority’s corporate plan relates).

(5)

Subsection (3) also applies to a statutory instrument containing regulations under section 78 that modify any provision of primary legislation.

(6)

Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(7)

In this section, “primary legislation” means any of the following—

(a)

an Act of Senedd Cymru;

(b)

an Assembly Measure;

(c)

an Act of the Parliament of the United Kingdom.

Annotations

Commencement

I1: S. 79 in force at 12.9.2025, see s. 92(1)