Section 23 RegulationsI1

England and Wales

(1)

Section 106 of the Electricity Act 1989 (regulations and orders) is amended as follows.

(2)

(a)

for “the power conferred on” substitute “a power of”;

(b)

for “by section 36C” substitute “to make regulations (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments))”.

(3)

After subsection (2) insert—

“(2ZA)

Subsection (2) does not apply to a statutory instrument containing (whether alone or with other provision)—

(a)

regulations under paragraph 2A of Schedule 8;”.

(4)

In subsection (3), for the words after “under” substitute

“—

(a)

section 36C,

(b)

section 37A,

(c)

section 37B,

(d)

section 37C,

(e)

paragraph 6A of Schedule 4, or

(f)

any paragraph of Schedule 8 except paragraph 2A,

are subject to the negative procedure.”

(5)

At the end insert—

“(4)

Before making regulations under a provision listed in subsection (6), the Secretary of State must consult the Scottish Ministers.

(5)

Before making regulations under a provision listed in subsection (6), the Scottish Ministers must consult the Secretary of State.

(6)

The provisions are—

(a)

section 37A;

(b)

section 37B;

(c)

section 37C;

(d)

paragraphs 1A, 2A and 7B of Schedule 8.”

Annotations

Commencement

I1: S. 23 in force at Royal Assent, see s. 118(1)(j)