Part 5Other provision about safety, standards etc
New homes ombudsman scheme
I1139Regulations under section 138
1
The power to make regulations under section 138(7)(b) is exercisable—
a
in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
b
in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
2
Regulations under section 138(7)(b)—
a
may make different provision for different purposes;
b
may contain consequential, supplementary, incidental, transitional or saving provision.
3
Regulations under section 138(7)(b)—
a
if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
b
if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
c
if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
d
if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.