PART 2Amendments to retained direct EU legislation
CHAPTER 2Amendment of the Gas Regulation
Insertion of new Articles 28A and 28B: regulations: consultation and procedure14
After Article 28 insert—
Article 28ARegulations made by the Secretary of State: consultation and procedure
1
Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.
2
Before the Secretary of State makes regulations under Article 6 which apply to Northern Ireland, the Secretary of State must consult the Northern Ireland department.
3
Before the Secretary of State makes regulations under Article 7 or Article 23 which apply to Great Britain, the Secretary of State must consult—
a
the Gas and Electricity Markets Authority;
b
persons who are certified, within the meaning given in section 8Q of the Gas Act 19865; and
c
such other persons as the Secretary of State considers appropriate.
4
Before the Secretary of State makes regulations under Article 7 or Article 23 which apply to Northern Ireland, the Secretary of State must consult—
a
the Northern Ireland department;
b
the Northern Ireland Authority for Utility Regulation;
c
persons who are certified, within the meaning given in Article 8L of the Gas (Northern Ireland) Order 19966; and
d
such other persons as the Secretary of State considers appropriate.
5
A statutory instrument containing regulations by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6
In this Article, “the Northern Ireland department” has the same meaning as in Article 6.
Article 28BRegulations made by the Northern Ireland department: consultation and procedure
1
Any power to make regulations conferred on the Northern Ireland department by this Regulation is exercisable by statutory rule for the purpose of the Statutory Rules (Northern Ireland) Order 1979.
2
Before the Northern Ireland department makes regulations under Article 7 or Article 23, it must consult—
a
the Northern Ireland Authority for Utility Regulation;
b
persons who are certified, within the meaning given in Article 8L of the Gas (Northern Ireland) Order 1996; and
c
such other persons as it considers appropriate.
3
Regulations may not be made by the Northern Ireland department under this Regulation unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
4
In this Article, “the Northern Ireland department” has the same meaning as in Article 6.