Article 51a Type D regulations: generalF1

(1.)

The power to make type D regulations is exercisable:

(a)

as regards matters concerning the regulation of, and obligation to provide, particulars of the type specified in Article 9(1)(e), by the Secretary of State;

(b)

as regards other matters, by the appropriate authority.

(2.)

But in relation to the power to make type D regulations under a provision specified in paragraph 4 as regards a matter covered by paragraph 1(b), the Secretary of State may make regulations 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.

(3.)

Type D 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.

(4.)

The specified provisions are:

(a)

Article 12(4);

(b)

Article 13(4);

(c)

Article 46.

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. 51a(3)(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)(b)