Part 3

Final provisions

Regulation-making powers
38
1
A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.
2
Regulations under—
a
any of the following provisions may modify any enactment other than this Act: sections 26, 27, 28(1) and 29,
b
section 37 may modify any enactment including this Act.
3
Regulations under any of the following provisions are subject to the negative procedure: sections 28(6)(d) and 35(4)(a)(ii).
4
Regulations under any of the following provisions are subject to the affirmative procedure: sections 2, 4, 5, 26, 27, 28(1), 29 and 31.
5
Regulations under section 37—
a
are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
b
otherwise, are subject to the negative procedure.
S. 38 in force at 23.7.2025, see s. 39(1)