Article 51 Type C regulations: generalF1

United Kingdom

The power to make type C regulations is exercisable by the appropriate authority.

But the power to make type C regulations under a provision specified in paragraph 5 may be exercised by the Secretary of State for the whole or part of Great Britain if consent is given by:

(a))

for regulations applying in relation to Scotland, the Scottish Ministers;

(b))

for regulations applying in relation to Wales, the Welsh Ministers.

The power to make type C regulations under Article 21(2) to update the list in Annex 2 may only be exercised by the Secretary of State for the whole or part of Great Britain if:

(a))

the Secretary of State considers it necessary to update the list,

(b))

to the extent that the regulations will apply to Scotland, the Scottish Ministers consider it necessary to update the list, and

(c))

to the extent that the regulations will apply to Wales, the Welsh Ministers consider it necessary to update the list.

Type C regulations may:

(a))

contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments and F2assimilated direct minor legislation);

(b))

make different provision for different purposes.

The specified provisions are:

(a))

Article 10(2);

(b))

Article 21(2);

(c))

Article 24(3);

(d))

Article 26(8);

(e))

Article 27(2);

(f))

Article 34(6);

(g))

Article 36(3).

Annotations

Textual amendments

F1: Arts. 51-51e substituted for Art. 51 by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), reg. 1, Sch. (as amended by S.I. 2020/1501, regs. 1(a), 5(4)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 51(4)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 96(3)(a)