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.