Part 2 U.K.Regulators

Exercise of regulatory functionsU.K.

24Functions to which sections 21 and 22 applyU.K.

(1)Sections 21 and 22 apply to regulatory functions specified under this section.

(2)A Minister of the Crown may by order in accordance with this section specify regulatory functions as functions to which sections 21 and 22 apply.

(3)A Minister may not under subsection (2) specify—

(a)a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;

(b)a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or

[F1(c)a Welsh regulatory function.]

(4)[F2The Welsh Ministers] may by order in accordance with this section specify [F3Welsh regulatory functions] as functions to which sections 21 and 22 apply.

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making an order under this section, the authority making the order must consult the following—

(a)any person (other than the authority) whose functions are to be specified in the order;

(b)such other persons as the authority considers appropriate.

(7)An order under this section may make such consequential, supplementary, incidental, or transitional provision (including provision amending any enactment) as the authority making it considers appropriate; and may make different provision for different purposes.

(8)An order under this section must be made by statutory instrument.

(9)A Minister of the Crown may not make a statutory instrument containing an order under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

[F5(9A)The Welsh Ministers may not make a statutory instrument containing an order under this section unless a draft has been laid before, and approved by resolution of, the Assembly.]

(10)In this section—

  • “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998 (c. 46);

  • “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998 (c. 47);

  • “Wales” has the same meaning as in the [F6Government of Wales Act 2006].

  • F7...

[F8(11)For the purposes of this section a regulatory function is a ““Welsh regulatory function”” if or to the extent that it is exercisable in relation to Wales and is a function which—

(a)could be conferred by provision falling within the legislative competence of the National Assembly for Wales (see section 108A of the Government of Wales Act 2006), or

(b)relates to matters in respect of which functions are exercisable by the Welsh Ministers.]

Textual Amendments

F1S. 24(3)(c) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 17(a), 44(5); S.I. 2016/695, art. 3(a)

F2Words in s. 24(4) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2), 3, Sch. 1 para. 148(a)(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))

F3Words in s. 24(4) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 17(b), 44(5); S.I. 2016/695, art. 3(a)

F4S. 24(5) omitted (4.7.2016) by virtue of Enterprise Act 2016 (c. 12), ss. 18, 44(2)(b)

F5S. 24(9A) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2), 3, Sch. 1 para. 148(b)(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))

F6Words in s. 24(10) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2), 3, Sch. 1 para. 148(c) (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))

F7Words in s. 24(10) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 66(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Modifications etc. (not altering text)