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.