C1C2Part 3Civil sanctions

Annotations:
Modifications etc. (not altering text)

Extension of powers to make subordinate legislation

62Offences under subordinate legislation

1

This section applies where, by virtue of a specified enactment—

a

a Minister of the Crown has, or the Welsh Ministers have, power by statutory instrument to make provision creating a criminal offence, and

b

the power has been or is being exercised so as to create the offence.

2

The power includes power to make, in relation to a relevant enforcement authority, any provision which could be made by an order under this Part if, for the purposes of this Part—

a

the relevant enforcement authority were a regulator, and

b

the offence were a relevant offence in relation to that regulator.

3

Where a statutory instrument containing provision made under the power referred to in subsection (1) pursuant to subsection (2) would, apart from this subsection, be subject to annulment in pursuance of a resolution of either House of Parliament or of the National Assembly for Wales—

a

the instrument is not subject to such annulment; but

b

the instrument may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament or (as the case may be) the National Assembly for Wales.

4

In subsection (1) “specified enactment” means any enactment specified in Schedule 7.

5

In subsection (2) “relevant enforcement authority” means a person, other than a person referred to in section 37(3), who has an enforcement function in relation to the offence.