PART 8

General and final provisions

Power to make consequential etc provision
53
1
The Secretary of State may, subject to subsections (5) and (6), by regulations make supplementary, incidental or consequential provision in connection with any provision of this Act.
2
The Welsh Ministers may by regulations make supplementary, incidental or consequential provision in connection with—
a
sections 33 to 35, so far as relating to Wales,
b
section 36 and Schedule 3, so far as relating to Wales,
c
sections 38 and 39, so far as relating to Wales,
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Scottish Ministers may by regulations make supplementary, incidental or consequential provision in the law of Scotland in connection with—
a
sections 33 to 35, so far as relating to Scotland, and
b
sections 38 and 39, so far as relating to Scotland.
4
DAERA may by regulations make supplementary, incidental or consequential provision in the law of Northern Ireland in connection with—
a
sections 33 and 34, so far as relating to Northern Ireland,
b
sections 38 and 39, so far as relating to Northern Ireland,
c
section 48 and Schedule 6, and
d
section 52 and Schedule 7 so far as they apply in relation to Northern Ireland.
5
The Secretary of State may not make regulations under subsection (1) containing provision which could be made—
a
by the Welsh Ministers under subsection (2)(a) or (b) , or under that subsection so far as it would have allowed the Welsh Ministers to make supplementary, incidental or consequential provision in connection with—
i
section 46 and Schedule 5,
ii
section 47, and
iii
section 52 and Schedule 7 so far as applying in relation to Wales,
but for the repeal of those provisions by the Agriculture (Wales) Act 2023.
b
by the Scottish Ministers under subsection (3)(a), or
c
by DAERA under subsection (4)(a), (c) or (d).
6
The Secretary of State may make regulations under subsection (1) containing provision which could be made—
a
by the Welsh Ministers under subsection (2)(c),
b
by the Scottish Ministers under subsection (3)(b), or
c
by DAERA under subsection (4)(b),
only if the Secretary of State has first consulted (respectively) the Welsh Ministers, the Scottish Ministers or DAERA.
7
Regulations under this section may modify primary legislation, assimilated direct legislation or subordinate legislation.
8
Regulations under this section which contain provision modifying primary legislation (with or without other provision) are subject to affirmative resolution procedure.
9
Other regulations under this section are subject to negative resolution procedure.
S. 53(2)(d) omitted (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 2 para. 1(5)(a); S.I. 2023/1092, art. 2(g)
S. 53(2)(e) omitted (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 2 para. 1(5)(a); S.I. 2023/1092, art. 2(g)
S. 53(2)(f) omitted (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 2 para. 1(5)(a); S.I. 2023/1092, art. 2(g)
Words in s. 53(5)(a) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(3)(a), Sch. 2 para. 1(5)(b); S.I. 2023/1092, art. 2(g)
Words in s. 53(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 93(2)(m)