Identity Cards Act 2006

14 Procedure for regulations under s. 13

(1) The power to make regulations under section 13 shall be exercisable—

(a) in relation to the provision of Welsh public services, by the National Assembly for Wales;

(b) in relation to the provision of Northern Ireland public services, by a Northern Ireland department designated for the purpose by order made by the Office of the First Minister and deputy First Minister; and

(c) so far as not exercisable by any other person under paragraph (a) or (b), by the Secretary of State.

(2) In subsection (1)—

(a) the reference to the provision of Welsh public services is a reference to the provision of public services in Wales, so far as their provision is a matter in relation to which the National Assembly for Wales has functions; and

(b) the reference to the provision of Northern Ireland public services is a reference to the provision of public services in Northern Ireland, so far as their provision is a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(3) Regulations containing (with or without other provision) any provision the making of which is authorised by section 13 must not be made by the Secretary of State or a Northern Ireland department unless a draft of the regulations—

(a) in the case of regulations made by the Secretary of State, has been laid before Parliament and approved by a resolution of each House; and

(b) in the case of regulations made by a Northern Ireland department, has been laid before and approved by the Northern Ireland Assembly.

(4) Before—

(a) draft regulations under section 13 are laid before either House of Parliament or the Northern Ireland Assembly, or

(b) regulations under that section are made by the National Assembly for Wales,

the person proposing to make the regulations must take such steps as that person thinks fit for securing that members of the public likely to be affected by the regulations are informed about the matters mentioned in subsection (5), and for consulting them about the proposal.

(5) Those matters are—

(a) the reasons for the making of the regulations; and

(b) why reliance is not being placed on powers conferred otherwise than by this Act.

(6) Where—

(a) a power to impose conditions for the provision of a public service is exercisable under an enactment not contained in this Act, and

(b) that power is exercisable only after consultation with such persons as may be specified or described in that enactment,

the power under section 13 to impose a condition for the provision of that service or to make provision in relation to such a condition is to be exercisable only after consultation with the persons so specified or described.