47 Provisions as to regulations.E+W+S
(1)Regulations made under any provision of this Part may provide for the determination of questions of fact or of law which may arise in giving effect to the regulations and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision—
(a)as to the mode of proof of any matter;
(b)as to parties and their representation;
(c)for the right to appear [F1before and be heard by] the Secretary of State, the Director and other authorities; and
(d)as to awarding costs [F2or expenses] of proceedings for the determination of such questions, determining the amount thereof and the enforcement of awards thereof.
(2)Regulations made under any provision of this Part which prescribe a period within which things are to be done may provide for extending the period so prescribed.
(3)Regulations made under any provision of this Part may—[F3(aa) provide for anything falling to be determined under the regulations to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be prescribed by the regulations;]
(a)make different provision for different areas or in relation to different cases or different circumstances; and
(b)provide for such exceptions, limitations and conditions, and make such supplementary, incidental or transitional provision, as the Secretary of State considers necessary or expedient.
(4)Regulations made under any provision of this Part may provide that any person contravening the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)Proceedings for an offence under any regulations made under any provision of this Part shall not in England and Wales be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(6)In any proceedings against any person for an offence under any regulations made under any provision of this Part, it shall be a defence for that person to show—
(a)that he was prevented from complying with the regulations by circumstances not within his control; or
(b)that circumstances existed by reason of which compliance with the regulations would or might have involved danger to the public and that he took all such steps as it was reasonable for him to take both to prevent the circumstances from occurring and to prevent them from having that effect.
(7)Any power conferred by this Part to make regulations shall be exercisable by statutory instrument which, except in the case of regulations under section 7(3), 8(2) or 20(2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 47(1)(c) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(a); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F2Words in s. 47(1)(d) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(b); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.
F3S. 47(3)(aa) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(3); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.
Modifications etc. (not altering text)
C1Power to repeal or modify s. 47(3)(4) conferred by Health and Safety at Work etc. Act 1974 (c. 37), s. 15 (as amended(prosp.) by Offshore Safety Act 1992 (c. 15), ss. 2(3)(b), 7(3)(a)).