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PART 4 E+WSTANDARDS

CHAPTER 5E+WSTANDARDS THAT ARE SPECIFICALLY APPLICABLE

43Limitation on power to make standards specifically applicableE+W

(1)Regulations under section 39 may not provide for a standard to be—

(a)specifically applicable to a person unless the standard is potentially applicable to that person, or

(b)specifically applicable to a group of persons unless the standard is potentially applicable to all the persons in that group.

(2)Regulations under section 39 may not provide for a standard to be specifically applicable to a Minister of the Crown unless the Secretary of State consents to that provision.

(3)In a case where—

(a)a standard is specifically applicable to a Minister of the Crown, and

(b)the standard is modified by provision in regulations under section 26,

the standard as modified is not specifically applicable to the Minister of the Crown unless the Secretary of State consents to that provision in those regulations.

(4)In this section, “Minister of the Crown” has the same meaning as in Schedule 6.

Commencement Information

I1S. 43 in force at 1.4.2012 by S.I. 2012/969, art. 2(i)(i)