PART 4Functions relating to the marketing of seed, plant and plant propagating material

CHAPTER 5Regulations

Procedure for regulations and ancillary powers

23.—(1) This regulation sets out—

(a)the procedure for the making of regulations under this Part; and

(b)power to make ancillary provision.

(2) Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

(3) For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010(1).

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

(5) A statutory instrument containing regulations made by Welsh Ministers is subject to annulment in pursuance of a resolution of the Welsh Parliament.

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

(7) Regulations may—

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

(b)make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.