PART 4Functions relating to the marketing of seed, plant and plant propagating material

CHAPTER 5Regulations

Procedure for regulations and ancillary powers23

1

This regulation sets out—

a

the procedure for the making of regulations under this Part; and

b

power to make ancillary provision.

2

Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

3

For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 201027.

4

A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

5

A statutory instrument containing regulations made by Welsh Ministers is subject to annulment in pursuance of a resolution of the Welsh Parliament.

6

Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7

Regulations may—

a

contain supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, repealing or revoking enactments);

b

make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.