The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

Article 24 (committee procedure)

56.  For Article 24 substitute—

“Article 24 Functions

1.   A function conferred by or under this Regulation—

(a) on the Scottish Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Scotland;

(b) on the Welsh Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Wales; and

(c) on the Department of Agriculture, Environment and Rural Affairs is exercisable only so far as it is exercisable within devolved competence in or as regards Northern Ireland.

2.   A function conferred under this Regulation—

(a) on a person or body by virtue of a direction of the Scottish Ministers is exercisable only in or as regards Scotland;

(b) on a person or body by virtue of a direction of the Welsh Ministers, is exercisable only in or as regards Wales; and

(c) on the Department of Agriculture, Environment and Rural Affairs is exercisable only in or as regards Northern Ireland.

3.   In this Article and Articles 24A to 24C, “within devolved competence”—

(a) in or as regards Scotland, is to be construed in accordance with section 54 of the Scotland Act 1998;

(b) in or as regards Wales, is to be construed in accordance with section 108A of the Government of Wales Act 2006;

(c) in or as regard Northern Ireland, is to be construed in accordance with section 6 of the Northern Ireland Act 1998.

Article 24A Exercise of functions: Scotland

1.   Any function by or under this Regulation, including to make provision by regulations, in or as regards Scotland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Scottish Ministers.

2.   Consent given by the Scottish Ministers under paragraph for the prospective exercise of a function may be withdrawn at any time.

3.   The Scottish Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Scotland, as to the exercise of the appropriate regulator’s functions under this Regulation so far as they are exercisable within devolved competence.

4.   The appropriate regulator in or as regards Scotland must comply with any such directions given to it, and have regard to any such guidance.

Article 24B Exercise of functions: Wales

1.   Any function by or under this Regulation, including to make provision by regulations, in or as regards Wales may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Welsh Ministers.

2.   Consent given by the Welsh Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3.   The Welsh Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Wales, as to the exercise of the appropriate regulator’s functions under this Regulation so far as they are exercisable within devolved competence.

4.   The appropriate regulator in or as regards Wales must comply with any such directions given to it, and have regard to any such guidance.

Article 24C Exercise of functions: Northern Ireland

1.   Any function by or under this Regulation, including to make provision by regulations, in or as regards Northern Ireland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Department of Agriculture, Environment and Rural Affairs.

2.   Consent given by the Department of Agriculture, Environment and Rural Affairs under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3.   The Department of Agriculture, Environment and Rural Affairs may give directions (general or specific) and guidance to the appropriate regulator in or as regards Northern Ireland, as to the exercise of the appropriate regulator’s functions under this Regulation so far as they are exercisable within devolved competence.

4.   The appropriate regulator in or as regards Northern Ireland must comply with any such directions given to it, and have regard to any such guidance.

Article 24D Regulations: general

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

8.   Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

9.   Before making any regulations under this Regulation, other than regulations under Article 21, an appropriate authority shall consult—

(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate authority may consider appropriate.

Article 24E Regulations: the Secretary of State

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Secretary of State under Article 21 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Article 24F Regulations: the Welsh Ministers

1.   Except as specified in paragraph 2, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

2.   A statutory instrument containing regulations made by the Welsh Ministers under Article 21 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Article 24G Regulations: the Scottish Ministers

1.   Except as specified in paragraph 2, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.

2.   Regulations made by the Scottish Ministers under Article 21 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Article 24H Regulations: Northern Ireland

1.   Except as specified in paragraph 2, regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument under that Act.

2.   Regulations may not be made by the Department of Agriculture, Environment and Rural Affairs under Article 21 unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.”.