Section 44 RegulationsI1

(1)

Regulations under this Act are to be made by statutory instrument.

(2)

A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a)

regulations under section 29(1), (2) or (3) made by the Secretary of State;

(b)

regulations under section 42(1) which amend or repeal a provision of primary legislation.

(3)

A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4)

A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—

(a)

regulations under section 25(4);

(b)

regulations under section 42(1) which do not amend or repeal a provision of primary legislation.

(5)

Regulations under this Act—

(a)

may make different provision for different purposes or areas;

(b)

may make provision which applies generally or for particular purposes or areas;

(c)

may make transitional, transitory or saving provision;

(d)

may make incidental, supplementary or consequential provision.

(6)

If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(7)

In this section “primary legislation” means—

(a)

an Act of Parliament, or

(b)

a Measure or Act of the National Assembly for Wales.

Annotations

Commencement

I1: S. 2 in force for specified purposes at Royal Assent, see s. 46