PART 3U.K.Amendment of retained direct EU legislation

116.  Insert a new Article 28A—

“Article 28AU.K.Regulations and devolved powers

1.  Any power to make regulations under this Regulation—

(a)so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b)so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.  For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 (Scottish statutory instruments).

3.  Any power to make regulations under this Regulation includes power—

(a)to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b)to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4.  [F2Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a)in the case of England, of either House of Parliament;

(b)in the case of Wales, of [F3Senedd Cymru];

(c)in the case of Scotland, of the Scottish Parliament;

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.  In this Regulation, any power—

(a)of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b)of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c)of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F1Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(a)

F4Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(b)(iii)

F5Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(c)

Commencement Information

I1Reg. 116 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations