Energy Act 2010

31 Orders and regulations E+W+S

(1) Orders and regulations under this Act are to be made by statutory instrument.

[F1 (1A) Subsection (1) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).]

(2) A statutory instrument containing regulations under—

(a) any provision of Part 1,

(b) section 9 or 15(3), or

(c) section 26,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) But subsection (2)(a) does not apply to a statutory instrument that contains regulations under section 6 if—

(a) the regulations under that section do not amend an Act, and

(b) the instrument does not contain regulations under any other provision of Part 1;

and, in such a case, the instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing—

(a) regulations under section 11, or

(b) an order under section 23, 28(5) or 29(2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

[F2 (4A) Regulations made by the Scottish Ministers under section 9 are subject to the affirmative procedure (see section 29 of the Interpretative and Legislative Reform (Scotland) Act 2010).]

(5) An order or regulations under this Act may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

(c) make different provision for different cases or circumstances or for different purposes.

(6) Regulations [F3 made by the Secretary of State] under Part 1 or 2 may impose obligations or confer functions on a person (including the Secretary of State).

[F4 (6A) Regulations made by the Scottish Ministers may impose obligations or confer functions on a person (including the Scottish Ministers).]

(7) Regulations under Part 1 may amend provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made).

(8) But the Secretary of State must obtain the consent of the Scottish Ministers before making regulations under Part 1 which contain provision that—

(a) is included by virtue of subsection (7),

(b) extends to Scotland, and

(c) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

(9) If, but for this subsection, an instrument containing regulations under this Act would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(10) In this section “order” means an order made by the Secretary of State.

Textual Amendments

F1 S. 31(1A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(5), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4

F2 S. 31(4A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(6), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4

F3 Words in s. 31(6) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(7), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4

F4 S. 31(6A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(8), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4