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Energy Act 2010

Section 31: Orders and regulations

140.This section sets out the procedure for the Secretary of State to make orders and regulations under this Act. Regulations made under Part 1 (carbon capture and storage provisions), section 9 (schemes for reducing fuel poverty), section 15 (schemes for reducing fuel poverty: interpretation) or section 26 (adjustment of charges to help disadvantaged groups of customers) must be approved by both Houses of Parliament (subsection (2)).

141.Regulations made solely under section 6 (carbon capture and storage provisions: the administrator) and which do not contain provisions to amend an Act, regulations made under section 11 (reconciliation mechanism: regulations) and orders made under section 23 (expiry of power), section 28(5) (regulations adjusting energy charges: supplementary) or section 29(2) (adjustment of energy charges: interpretation) may be annulled by a resolution of either House of Parliament (subsections (3) and (4)).

142.Orders or regulations made under the provisions in this Act may include incidental, supplementary, consequential, transitory or transitional provision or savings (subsection (5)).

143.Regulations made under Part 1 (carbon capture and storage) or 2 (schemes for reducing fuel poverty) may impose obligations or confer functions on a person including the Secretary of State (subsection (6)). Regulations under Part 1 may amend Acts and Acts of the Scottish Parliament (subsection (7)).

144.The Secretary of State must obtain the consent of Scottish Ministers before making regulations under Part 1 which contain provisions that would be within the legislative competence of the Scottish Parliament if contained within an Act of that Parliament (subsection (8)).

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