Digital Economy Act 2017

110 Supplementary provision relating to section 108

(1) Regulations under section 108(1) or (5) are to be made by statutory instrument.

(2) A statutory instrument containing regulations under section 108(1) or (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) Subsection (2) does not apply to a statutory instrument containing regulations which—

(a) only make provision increasing a charge for which provision is made by previous regulations under section 108(1), and

(b) do so to take account of an increase in the retail prices index since the previous regulations were made.

(4) Such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In subsection (3) “the retail prices index” means—

(a) the general index of retail prices (for all items) published by the Statistics Board, or

(b) where that index is not published for a month, any substituted index or figures published by the Board.

(6) Regulations under section 108(1) or (5)—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make incidental, supplemental or consequential provision.

(7) Regulations under section 108(1) or (5) may bind the Crown.

(8) But regulations under section 108(1) or (5) may not apply to—

(a) Her Majesty in Her private capacity,

(b) Her Majesty in right of the Duchy of Lancaster, or

(c) the Duke of Cornwall.

(9) For the purposes of section 108 each government department is to be treated as a person separate from any other government department.

(10) In subsection (9) “government department” includes—

(a) any part of the Scottish Administration;

(b) a Northern Ireland department;

(c) the Welsh Government;

(d) any body or authority exercising statutory functions on behalf of the Crown.