C1C2Part 3Civil sanctions
Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)
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.
Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)