(1)An order under section 1(1) shall be made by statutory instrument; and an order revoking a previous order may include transitional or incidental provision (including provision for the transfer of property, rights and liabilities from the old licensing authority to the new).
(2)Regulations under section 1 or 2—
(a)shall be made by the Secretary of State by statutory instrument;
(b)may make different provision for different cases; and
(c)may include transitional provisions.
(3)Before making regulations under section 1 or 2 the Secretary of State shall consult [F1the Health and Safety Executive] and such other persons (if any) as he considers it appropriate to consult.
(4)[F2The Health and Safety Executive] may from time to time submit to the Secretary of State such proposals as [F2the Executive] considers appropriate for the making of regulations under section 1 or 2; and where the Secretary of State proposes to make regulations in the form submitted under this subsection, the requirement under subsection (3) to consult [F2the Executive] shall not apply.
(5)Nothing in, or done by virtue of, this Act or regulations under it shall prejudice any of the relevant statutory provisions (whenever made) as defined in Part I of the M1Health and Safety at Work etc. Act 1974 or anything done by virtue of any of those provisions.
(6)A statutory instrument containing an order or regulations under section 1 or 2 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)The Secretary of State may make grants to the licensing authority in respect of such of their expenses under this Act as are not met by fees; and grants under this subsection may be made subject to such conditions, including conditions as to repayment, as the Secretary of State may determine.
Textual Amendments
F1Words in s. 3(3) substituted (1.4.2008) by Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
F2Words in s. 3(4) substituted (1.4.2008) by Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
Marginal Citations