Energy Act 2011

52 Regulations and orders: Chapter 2

(1) Regulations and orders under this Chapter may make different provision for different cases or circumstances or for different purposes.

(2) Regulations and orders under this Chapter are to be made by statutory instrument.

(3) A statutory instrument containing an order under section 43(5) or 49(5) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing—

(a) an order under section 42(1)(a)(iii), or

(b) regulations under this Chapter,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) The Secretary of State must obtain the consent of the Welsh Ministers before making provision under this Chapter amending or revoking—

(a) provision included in an instrument made under a Measure or Act of the National Assembly for Wales;

(b) any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).

(6) Subsection (5) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

(7) The Secretary of State must consult the Welsh Ministers before making—

(a) domestic energy efficiency regulations, or

(b) tenants’ energy efficiency improvements regulations,

which apply in relation to domestic PR properties situated in Wales.

(8) Subsection (7) does not apply to the extent that consent has been obtained under subsection (5).