SCHEDULES
SCHEDULE 4Reservoirs
Regulations and orders
38
1
Section 5 (power to prescribe by regulations) is amended as follows.
2
The existing provision becomes subsection (1).
3
At the end add—
2
A statutory instrument under this Act—
a
may make provision that applies generally or only for specified purposes,
b
may make different provision for different purposes, and
c
may include incidental, consequential or transitional provision.
3
Regulations or an order made under any provision listed in subsection (5) or (7) shall be made by statutory instrument.
4
A statutory instrument containing regulations, rules or an order made under any provision listed in subsection (5)—
a
shall be subject to annulment in pursuance of a resolution of either House of Parliament, in the case of an instrument made by the Secretary of State, or
b
shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, in the case of an instrument made by the Welsh Ministers.
5
The provisions are—
a
section A1(4) and (5),
b
section 2(2) or (2C),
c
section 2A(4),
d
section 2E(1),
e
section 3(1) or (3),
f
section 4(9),
g
section 11(1),
h
section 14(6),
i
section 19(5),
j
section 19A(1),
k
section 20(1),
l
section 20A(1),
m
section 21(1),
n
section 21B(1), and
o
section 22D(1).
6
A statutory instrument containing regulations or an order made under any provision listed in subsection (7) may not be made unless a draft has been laid before and approved by resolution of—
a
each House of Parliament, in the case of regulations or an order made by the Secretary of State, or
b
the National Assembly for Wales, in the case of regulations or an order made by the Welsh Ministers.
7
The provisions are—
a
section A1(7) and (8),
b
section 2C(1)(b),
c
section 6(6B),
d
section 10(2), and
e
section 13(4).
8
The first sets of regulations under section 2E or 19A may not be made unless a draft has been laid before and approved by resolution of—
a
each House of Parliament, in the case of the first regulations made by the Secretary of State under either section, and
b
the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers under either section.