PART 5Agricultural products

39Organic products: supplementary

(1)

Regulations under section 38 may be made by—

(a)

the Secretary of State;

(b)

the Scottish Ministers, if and to the extent that provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;

(c)

the Welsh Ministers, if and to the extent that provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of any person);

(d)

DAERA, if and to the extent that provision made by the regulations would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the Secretary of State’s consent.

(2)

The Secretary of State may only make regulations under section 38 containing provision which could be made under that section by an authority referred to in subsection (1)(b) to (d) with the consent of that authority.

(3)

Regulations under section 38 are subject to affirmative resolution procedure where—

(a)

the regulations are made under subsection (1) of that section and contain provision referred to in subsection (3) of that section, or

(b)

the regulations are made under subsection (1), (5) or (7) of that section and they are the first regulations to be made under that subsection by the authority making them.

(4)

Regulations under section 38 to which subsection (3) does not apply are subject to negative resolution procedure (unless section 50(5) applies).