Energy Act 2023

253 Regulations under Part 10

(1) Regulations under this Part may amend, repeal or revoke provision made by or under primary legislation.

(2) Regulations under this Part containing provision within subsection (3) (with or without other provision)—

(a) if made by the Secretary of State, are subject to the affirmative procedure (see section 332);

(b) 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));

(c) if made by the 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.

(3) The provision within this subsection is—

(a) provision creating a criminal offence or civil penalty (but excluding provision modifying the circumstances in which a person is guilty of an existing offence or liable for an existing civil penalty);

(b) provision specifying a civil penalty amount (but excluding provision made by virtue of section 252(7) (inflation-related adjustments));

(c) provision amending or repealing provision made by primary legislation.

(4) Any other regulations under this Part—

(a) if made by the Secretary of State, are subject to the negative procedure (see section 332);

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(c) if made by the Department, are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(5) Regulations under this Part—

(a) may make provision about application to the Crown; and

(b) may also, to the extent that they bind the Crown, restrict or modify the application of the regulations.

(6) A power of the Department to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(7) In this section “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of Senedd Cymru, or

(d) Northern Ireland legislation.