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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)Regulations and orders under this Chapter may make different provision for different cases or circumstances or for different purposes.
(2)Regulations and orders under this Chapter are to be made by statutory instrument.
(3)A statutory instrument containing an order under section 43(5) or 49(5) is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A statutory instrument containing—
(a)an order under section 42(1)(a)(iii), or
(b)regulations under this Chapter,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5)The Secretary of State must obtain the consent of the Welsh Ministers before making provision under this Chapter amending or revoking—
(a)provision included in an instrument made under a Measure or Act of the National Assembly for Wales;
(b)any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).
(6)Subsection (5) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
(7)The Secretary of State must consult the Welsh Ministers before making—
(a)domestic energy efficiency regulations, or
(b)tenants' energy efficiency improvements regulations,
which apply in relation to domestic PR properties situated in Wales.
(8)Subsection (7) does not apply to the extent that consent has been obtained under subsection (5).
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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