Regulation 9 Regulation-making procedure

(1)

Regulations made by the Secretary of State under any of the functions listed in the Schedule are to be made by statutory instrument.

(2)

Regulations made by the Scottish Ministers under any of the functions listed in the Schedule are to be made by Scottish statutory instrument^f1.

(3)

A statutory instrument containing regulations made by the Secretary of State under any of the functions listed in the Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Regulations made by the Scottish Ministers under any of the functions listed in the Schedule are subject to the negative procedure^f2.

(5)

Regulations made under any of the functions listed in the Schedule may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking any enactment^f3;

(b)

make different provision for different purposes.

(6)

Before making any regulations under any of the functions listed in the Schedule, the appropriate authority must consult—

(a)

such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)

such other bodies or persons as the appropriate authority may consider appropriate.

Annotations

Footnotes

f1: See section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
f2: See section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
f3: “Enactment” has the meaning given by the parent act, the European Union Withdrawal Act 2018 (c. 16). Note that “enactment” does not include an Act of Parliament.