28Orders and regulationsE+W+N.I.
(1)A power of the [F1Welsh Ministers]F1 to make an order or regulations under this Act is exercisable by statutory instrument.
(2)An order or regulations made by the [F2Welsh Ministers]F2 under this Act may—
(a)make different provision for different purposes;
(b)make consequential, incidental, supplemental, transitory, transitional or saving provision.
(3)The power to make consequential, incidental and supplemental provision in connection with—
(a)an order under section 16(4) specifying a person for the purposes of that section or providing for a person to cease to be specified for those purposes, or
(b)an order under section 17(8) adding a person to the list of other ombudsman in that section or omitting a person from that list,
includes power to make consequential, incidental and supplemental amendments or repeals in any enactment relating to that person or to his functions.
(4)But the following consents are required for the making of an order by the [F3Welsh Ministers]F3 which (whether by virtue of subsection (3) or otherwise) confers functions on a person other than the Commissioner or modifies the functions of such a person—
(a)if the functions relate wholly or partly to a transferred matter, the consent of a Northern Ireland department; and
(b)if the functions relate wholly or partly to a matter which (without being a transferred matter) is a matter in respect of which [F4neither the Welsh Ministers, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions]F4, the consent of the Secretary of State.
(5)In this section “transferred matter” means a transferred matter within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47).
(6)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 28(1) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 140(2)
F2Words in s. 28(2) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 140(3)
F3Words in s. 28(4) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 140(4)(a)
F4Words in s. 28(4)(b) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 140(4)(b)
F5S. 28(6) omitted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 140(5)