Article 53A

Regulation making power1

Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.

2

Such regulations may—

a

contain incidental, supplemental, consequential and transitional provision; and

b

may make different provision for different purposes.

3

A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4

The function of making regulations under this Regulation is subject to the consent requirement in Article 53B.

Article 53B

The consent requirement1

Where any provision of this Regulation states that a function is subject to the consent requirement in this Article, the function may be exercised in a particular instance only if the person exercising it has obtained the consent or consents (if any) required by paragraphs 2 to 4.

2

The consent of the Scottish Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 54 of the Scotland Act 1998 M1) whether or not the exercise of the function also relates to a part of the United Kingdom other than Scotland.

3

The consent of the Welsh Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 58A(7) and (8) of the Government of Wales Act 2006 M2) whether or not the exercise of the function also relates to a part of the United Kingdom other than Wales.

F14

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F15

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F16

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F17

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