Environment Act 2021

142 Consequential provision

(1) The Secretary of State may by regulations make provision that is consequential on this Act or regulations under this Act.

(2) The Welsh Ministers may by regulations make provision that is consequential on—

(a) a provision within section 147(4) (provisions to be commenced by Welsh Ministers), or

(b) regulations under this Act made by the Welsh Ministers.

(3) The Scottish Ministers may by regulations make provision that is consequential on—

(a) a provision within section 147(5) (provisions to be commenced by Scottish Ministers), or

(b) regulations under this Act made by the Scottish Ministers.

(4) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by regulations make provision that is consequential on—

(a) a provision within section 147(6) (provisions to be commenced by the Department), or

(b) regulations under this Act made by that Department.

(5) The Department for the Economy in Northern Ireland may by regulations make provision that is consequential on regulations under this Act made by that Department.

(6) Regulations under this section may amend or repeal provision made by or under any legislation (whenever passed or made).

(7) Regulations under this section are subject to the affirmative procedure if they amend or repeal any provision of—

(a) an Act of Parliament,

(b) a Measure or Act of Senedd Cymru,

(c) an Act of the Scottish Parliament,

(d) Northern Ireland legislation, or

(e) retained direct principal EU legislation.

(8) Regulations under this section to which subsection (7) does not apply are subject to the negative procedure.

(9) Regulations under this section—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

(c) made by a Northern Ireland department, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(10) Regulations under this section made by the Secretary of State may not contain provision that could be contained in regulations under this section—

(a) made by the Welsh Ministers, unless the Welsh Ministers consent;

(b) made by the Scottish Ministers, unless the Scottish Ministers consent;

(c) made by a Northern Ireland department, unless the department consents.