97RegulationsU.K.
(1)This section applies to regulations under this Act (except those under section 99).
(2)Before making regulations, the person proposing to make them must consult with such representative organisations as that person thinks fit.
(3)Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument (and see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) in relation to regulations made by the Scottish Ministers).
(4)Regulations may make—
(a)consequential, supplementary, incidental, transitional or saving provision;
(b)different provision for different purposes or areas;
(c)provision that allows for the exercise of discretion.
(5)The following regulations are subject to the affirmative procedure—
(a)regulations under section 36(9),
(b)regulations under section 50 that amend an Act, an Act of the Scottish Parliament or an Act of Senedd Cymru, and
(c)regulations under paragraph 2(7) of Schedule 6;
and all other regulations are subject to the negative procedure.
(6)The effect of regulations being subject to the affirmative procedure is—
(a)in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament;
(b)in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, Senedd Cymru;
(c)in the case of regulations made by the Scottish Ministers, the effect provided by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.
(7)The effect of regulations being subject to the negative procedure is—
(a)in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of either House of Parliament;
(b)in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of Senedd Cymru;
(c)in the case of regulations made by the Scottish Ministers, the effect provided by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
Commencement Information
I1S. 97 in force at Royal Assent, see s. 99(3)