Part 3

Final provisions

Regulations
44
1
Regulations under this Act are to be made by statutory instrument.
2
A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
a
regulations under section 29(1), (2) or (3) made by the Secretary of State;
b
regulations under section 42(1) which amend or repeal a provision of primary legislation.
3
A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
4
A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—
a
regulations under section 25(4);
b
regulations under section 42(1) which do not amend or repeal a provision of primary legislation.
5
Regulations under this Act—
a
may make different provision for different purposes or areas;
b
may make provision which applies generally or for particular purposes or areas;
c
may make transitional, transitory or saving provision;
d
may make incidental, supplementary or consequential provision.
6
If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
7
In this section “primary legislation” means—
a
an Act of Parliament, or
b
a Measure or Act of the National Assembly for Wales.
S. 2 in force for specified purposes at Royal Assent, see s. 46