Part 10Energy performance of premises
253Regulations 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.