Article 18ARegulations 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;

c

so far as exercisable by the Northern Ireland devolved authority is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 19793 (and not by statutory instrument).

2

For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 20104 (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); and

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

Any statutory instrument, Scottish statutory instrument or statutory rule containing regulations made 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 the National Assembly for Wales;

c

in the case of Scotland, of the Scottish Parliament;

d

in the case of Northern Ireland, being a negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 19545.

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;

d

of the Northern Ireland devolved authority to make regulations is limited to regulations which apply in relation to Northern Ireland only.