SCHEDULES

SCHEDULE 4Reservoirs

38Regulations and orders

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.