Business Rate Supplements Act 2009

29 Regulations, etc. E+W

(1) The power to make regulations under this Act is (subject to section 28) exercisable by the appropriate national authority.

(2) Regulations and any commencement order under this Act must be made by statutory instrument.

(3) Regulations and any commencement order under this Act—

(a) may make provision which applies generally or only for specified cases or which applies subject to specified exceptions;

(b) may make different provision for different cases or different areas;

(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(4) A statutory instrument containing (whether alone or with other provision) regulations mentioned in subsection (5) may not be made unless—

(a) in the case of regulations made by the Secretary of State, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5) The regulations are—

(a) regulations under section 3(4) (power to vary etc. matters for which money raised from the imposition of a BRS may not be used);

(b) regulations under section 5(5) (power to vary etc. descriptions of information for inclusion in an initial or final prospectus);

(c) regulations under section 15(4) (power to vary etc. conditions to be met in relation to rules for the application of a BRS relief);

(d) regulations under section 21 which include provision within section 22(2) (power to amend section 90 of the 1988 Act);

(e) regulations under subsection (7) of section 27 which include provision within subsection (8)(b) or (c) of that section (special introductory provision);

(f) regulations under section 28 which include provision within subsection (2)(a) of that section (power to make consequential amendments etc. to primary legislation);

(g) regulations under paragraph 4(5), 5, 6 or 8 of Schedule 2 (BRS-BID arrangements: liability, ballots, disclosure of information);

(h) regulations under paragraph 10 of that Schedule which include provision within sub-paragraph (1)(f) or (g) of that paragraph (BRS-BID arrangements: alteration etc. of arrangements, ballots).

(6) A statutory instrument containing regulations under this Act, other than regulations mentioned in subsection (5), is subject to annulment in pursuance of—

(a) in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(b) in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.

(7) “Commencement order” means an order under section 32(2).