The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

Article 25 (committee) U.K.

25.  For Article 25 substitute—

“Article 25 U.K. Functions

1.   A function conferred by or under this Regulation—

(a) on the Scottish Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Scotland; [F1 and]

(b) on the Welsh Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Wales[F2 .]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   A function conferred under this Regulation—

(a) on a person or body by virtue of a direction of the Scottish Ministers is exercisable only in or as regards Scotland; [F1 and]

(b) on a person or body by virtue of a direction of the Welsh Ministers is exercisable only in or as regards Wales[F2 .]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.   In this Article and Articles 25A to 25C, “within devolved competence”—

(a) in or as regards Scotland, is to be construed in accordance with section 54 of the Scotland Act 1998;

(b) in or as regards Wales, is to be construed in accordance with section 108A of the Government of Wales Act 2006[F4 .]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 25A U.K. Exercise of functions: Scotland

1.   Any function by or under this Regulation, including to make provision by regulations, in or as regards Scotland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Scottish Ministers.

2.   Consent given by the Scottish Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3.   The Scottish Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Scotland, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.

4.   The appropriate regulator in or as regards Scotland must comply with any such directions given to it, and have regard to any such guidance.

Article 25B U.K. Exercise of functions: Wales

1.   Any function by or under this Regulation, including to make provision by regulations, in or as regards Wales may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Welsh Ministers.

2.   Consent given by the Welsh Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3.   The Welsh Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Wales, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.

4.   The appropriate regulator in or as regards Wales must comply with any such directions given to it, and have regard to any such guidance.

Article 25C U.K. Exercise of functions: Northern Ireland

F5 1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 4.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 25D U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 .

F6 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F6 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

9.   Before making any regulations under this Regulation, an appropriate authority shall consult—

(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate authority may consider appropriate.”.

Textual Amendments

F1 Word in reg. 25 inserted (31.12.2020 immediately before IP completion day) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(a)(i)

F2 Full stop in reg. 25 substituted for semicolon (31.12.2020 immediately before IP completion day) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(a)(ii)

F3 Words in reg. 25 omitted (31.12.2020 immediately before IP completion day) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(a)(iv)

F4 Full stop in reg. 25 substituted for semicolon (31.12.2020 immediately before IP completion day) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(a)(iii)

F5 Words in reg. 25 omitted (31.12.2020 immediately before IP completion day) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(b)

F6 Words in reg. 25 omitted (31.12.2020 immediately before IP completion day) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(14)(c)

Commencement Information

I1 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp 10.