Flood and Water Management Act 2010

Regulations and orders

38 (1) Section 5 (power to prescribe by regulations) is amended as follows.

(2) The existing provision becomes subsection (1).

(3) At the end add—

“(2) A statutory instrument under this Act—

(a) may make provision that applies generally or only for specified purposes,

(b) may make different provision for different purposes, and

(c) may include incidental, consequential or transitional provision.

(3) Regulations or an order made under any provision listed in subsection (5) or (7) shall be made by statutory instrument.

(4) A statutory instrument containing regulations, rules or an order made under any provision listed in subsection (5)—

(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament, in the case of an instrument made by the Secretary of State, or

(b) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, in the case of an instrument made by the Welsh Ministers.

(5) The provisions are—

(a) section A1(4) and (5),

(b) section 2(2) or (2C),

(c) section 2A(4),

(d) section 2E(1),

(e) section 3(1) or (3),

(f) section 4(9),

(g) section 11(1),

(h) section 14(6),

(i) section 19(5),

(j) section 19A(1),

(k) section 20(1),

(l) section 20A(1),

(m) section 21(1),

(n) section 21B(1), and

(o) section 22D(1).

(6) A statutory instrument containing regulations or an order made under any provision listed in subsection (7) may not be made unless a draft has been laid before and approved by resolution of—

(a) each House of Parliament, in the case of regulations or an order made by the Secretary of State, or

(b) the National Assembly for Wales, in the case of regulations or an order made by the Welsh Ministers.

(7) The provisions are—

(a) section A1(7) and (8),

(b) section 2C(1)(b),

(c) section 6(6B),

(d) section 10(2), and

(e) section 13(4).

(8) The first sets of regulations under section 2E or 19A may not be made unless a draft has been laid before and approved by resolution of—

(a) each House of Parliament, in the case of the first regulations made by the Secretary of State under either section, and

(b) the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers under either section.”