Paragraph 4 Regulations made by the DepartmentI1

Northern Ireland

(1)

This paragraph applies where a power conferred by this Act to make regulations is exercisable concurrently by the Department.

(2)

Any provision made by the Department must be within the devolved competence of the Northern Ireland Assembly.

(3)

A provision is within the devolved competence of the Northern Ireland Assembly if—

(a)

the provision, if it were contained in a Bill for an Act of the Northern Ireland Assembly—

(i)

would be within the legislative competence of the Assembly, and

(ii)

would not require the consent of the Secretary of State; or

(b)

the provision—

(i)

amends or repeals Northern Ireland legislation, and

(ii)

would, if it were contained in a Bill for an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly and require the consent of the Secretary of State.

(4)

Any power of the Department to make regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(5)

If regulations made by the Secretary of State under a power in this Act would be subject to—

(a)

the affirmative procedure, regulations may not be made by the Department under that power unless a draft of the statutory rule containing the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly;

(b)

the negative procedure, a statutory rule containing regulations made by the Department under that power is subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

Annotations

Commencement

I1: Sch. 5 para. 4 in force at Royal Assent, see s. 30(6)