Search Legislation

Energy Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 40

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Energy Act 2011, Section 40. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

40Regulations and ordersE+W+S
This section has no associated Explanatory Notes

(1)Regulations and orders under this Chapter may make different provision for different cases or circumstances or for different purposes.

(2)Regulations and orders under this Chapter, other than those made by the Scottish Ministers, are to be made by statutory instrument.

(3)A statutory instrument containing regulations or an order under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Subsection (3) does not apply to a statutory instrument containing—

(a)regulations under section 2 or the framework regulations,

(b)regulations under section 13, 15(1), 16, 34 or 35(2), or

(c)an order under section 1, 2 or 30.

(5)A statutory instrument containing regulations or an order falling within subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)Regulations under section 10(2), 14(7) or (8) or 15(4) (regulations made by the Scottish Ministers) are subject to the negative procedure.

(7)Regulations under section 35(6) (regulations made by the Scottish Ministers) are subject to the affirmative procedure.

(8)Before making regulations or an order under this Chapter extending to Scotland, the Secretary of State must—

(a)if the regulations or order contain any provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, obtain the consent of the Scottish Ministers;

(b)in any other case, consult the Scottish Ministers.

(9)The Secretary of State must obtain the consent of the Welsh Ministers before making provision under section 35 amending or revoking—

(a)provision included in an instrument made under a Measure or Act of the National Assembly for Wales;

(b)any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).

(10)Before amending under section 9 a provision of the Building Regulations 2010 (S.I. 2010/2214), the Secretary of State must, if and so far as the function under which the provision was made is exercisable by the Welsh Ministers, obtain their consent.

(11)Subsections (9) and (10) do not apply to the extent that the Secretary of State is making incidental or consequential provision.

(12)Before making regulations or an order under this Chapter applying to Wales, the Secretary of State must consult the Welsh Ministers.

(13)Subsection (12) does not apply to the extent that consent has been obtained under subsection (9) or (10).

Commencement Information

I1S. 40 in force at 21.3.2012 by S.I. 2012/873, art. 2(a)(xv)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources