Regulation 8 I1

Insert a new Article 5A—

“Article 5A

Regulations and devolved powers

1

Any power to make regulations under Article 3—

(a)

so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b)

so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

For regulations made under Article 3 by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 (Scottish statutory instruments).

3

Any power to make regulations under Article 3 includes power—

(a)

to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and

(b)

to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4

F2Any statutory instrument or Scottish statutory instrument containing regulations made under Article 3 is subject to annulment in pursuance of a resolution—

(a)

in the case of England, of either House of Parliament;

(b)

in the case of Wales, of F3Senedd Cymru;

(c)

in the case of Scotland, of the Scottish Parliament;

F4(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In Article 3, any power—

(a)

of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b)

of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c)

of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.