Energy Act 2004

192 Powers exercisable by statutory instrument U.K.

(1) Every power conferred by this Act on the Secretary of State[F1 , the Welsh Ministers] or the Treasury to make an order or regulations is a power exercisable by statutory instrument.

(2) Where—

(a) this Act provides for an Order in Council, order or regulations [F2 made by the Secretary of State or the Treasury] to be subject to the negative resolution procedure, and

(b) a draft of the Order in Council, order or regulations has not been required, in accordance with subsection (3) or any other enactment, to be laid before Parliament and approved by a resolution of each House, or by a resolution of the House of Commons,

the statutory instrument containing the Order in Council, order or regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3 (2A) Where —

(a) this Act provides for an order or regulations made by the Welsh Ministers to be subject to the negative resolution procedure, and

(b) a draft of the order or regulations has not been required, in accordance with this or any other enactment, to be laid before and approved by a resolution of the National Assembly for Wales,

the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(3) Where this Act specifies that [F4 a power of the Secretary of State or the Treasury] to make any provision by Order in Council or other order is subject to the affirmative resolution procedure, no order under this Act containing that provision (with or without other provision) shall be made unless a draft of the Order in Council or other order has been—

(a) laid before Parliament; and

(b) approved by a resolution of each House.

(4) Subject to subsection (5), every power under this Act to make an Order in Council and every power conferred by this Act on the Secretary of State[F5 , the Welsh Ministers][F6 , the Scottish Ministers] or the Treasury to make an order or regulations includes power—

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as the person exercising the power thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as that person thinks fit.

(5) Subsection (4) does not apply to—

(a) the Secretary of State’s power to make an order under section 39(3);

(b) the power to make an Order in Council under section 84(4); or

(c) so much of the Secretary of State’s power to make an order under section 198 as is exercisable otherwise than by virtue of section 179(4) and (5).

Textual Amendments

F1 Words in s. 192(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 60(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F2 Words in s. 192(2)(a) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 60(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F3 S. 192(2A) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 60(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F4 Words in s. 192(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 60(5) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F5 Words in s. 192(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 60(6) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F6 Words in s. 192(4) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(16), 72(4)(e); S.I. 2017/300, reg. 3

Modifications etc. (not altering text)

C1 Ss. 171-196: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50

Commencement Information

I1 S. 192 in force at 24.8.2004 for specified purposes by S.I. 2004/2184, art. 2(1), Sch. 1

I2 S. 192 in force at 5.10.2004 in so far as not already in force by S.I. 2004/2575, art. 2(1), Sch. 1