# The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018, Regulation 14: Insertion of new Articles 28A and 28B: regulations: consultation and procedure


After Article 28 insert—
“Article 28A
Regulations made by the Secretary of State: consultation and procedure
1 Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.
2 Before the Secretary of State makes regulations under Article 6 which apply to Northern Ireland, the Secretary of State must consult the Northern Ireland department.
3 Before the Secretary of State makes regulations under Article 7 or Article 23 which apply to Great Britain, the Secretary of State must consult—
(a) the Gas and Electricity Markets Authority;
(b) persons who are certified, within the meaning given in section 8Q of the Gas Act 1986 ; and
(c) such other persons as the Secretary of State considers appropriate.
4 Before the Secretary of State makes regulations under Article 7 or Article 23 which apply to Northern Ireland, the Secretary of State must consult—
(a) the Northern Ireland department;
(b) the Northern Ireland Authority for Utility Regulation;
(c) persons who are certified, within the meaning given in Article 8L of the Gas (Northern Ireland) Order 1996 ; and
(d) such other persons as the Secretary of State considers appropriate.
5 A statutory instrument containing regulations by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 In this Article, “the Northern Ireland department” has the same meaning as in Article 6.
Article 28B
Regulations made by the Northern Ireland department: consultation and procedure
1 Any power to make regulations conferred on the Northern Ireland department by this Regulation is exercisable by statutory rule for the purpose of the Statutory Rules (Northern Ireland) Order 1979.
2 Before the Northern Ireland department makes regulations under Article 7 or Article 23, it must consult—
(a) the Northern Ireland Authority for Utility Regulation;
(b) persons who are certified, within the meaning given in Article 8L of the Gas (Northern Ireland) Order 1996; and
(c) such other persons as it considers appropriate.
3 Regulations may not be made by the Northern Ireland department under this Regulation unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
4 In this Article, “the Northern Ireland department” has the same meaning as in Article 6.”.

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Source: https://www.legislation.gov.uk/uksi/2018/1286/regulation/14 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-powers-to-make-subordinate-legislation-amendment-eu-exit-regulations-2018/regulation-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.