Regulation 19 Substitution of Article 18X1

For Article 18 substitute—

“Article 18

Regulations

1

Regulations made under this Regulation may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)

make different provision for different purposes.

2

Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

3

For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1.

4

Any power of DAERA to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M2.

5

A statutory instrument containing regulations under this Regulation of the Secretary of State which include (whether alone or with other provision) a specified provision, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

6

Any other statutory instrument containing regulations under this Regulation of the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament.

7

A statutory instrument containing regulations under this Regulation of the Welsh Ministers which include (whether alone or with other provision) a specified provision, 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.

8

Any other statutory instrument containing regulations under this Regulation of the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9

Regulations made by the Scottish Ministers under this Regulation are—

(a)

if they include (whether alone or with other provision) a specified provision, subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010);

(b)

otherwise, subject to the negative procedure (see section 28 of that Act).

10

Regulations which include (whether alone or with other provision) a specified provision may not be made by DAERA under this Regulation unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

11

Any other regulations made by DAERA under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M3.

12

In this Article, “specified provision” means a provision which—

(a)

amends or repeals any provision of an Act, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation, or

(b)

creates a new offence.”.