Legislative and Regulatory Reform Act 2006

27 Power to make orders, rules and schemes U.K.

(1) In section 2 of the European Communities Act 1972 (c. 68) (general implementation of Treaties)—

(a) in subsection (2), for “by regulations” substitute “ by order, rules, regulations or scheme ”;

(b) in subsection (4), for “and regulations” substitute “ or orders, rules, regulations or schemes ”.

(2) In Schedule 2 to that Act (provisions as to subordinate legislation)—

(a) in paragraph 2, in sub-paragraphs (1) and (2), for “regulations” substitute “ any order, rules, regulations or scheme ”;

(b) in paragraph 3, for “regulations”, wherever occurring, substitute “ order, rules, regulations or scheme ”.

(3) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Schedule 8 to the Scotland Act 1998 (c. 46), in paragraph 15(3), for “regulations” substitute “ any order, rules, regulations or scheme ”.

(5) Where any enactment passed, or subordinate legislation made, before the coming into force of this section refers to regulations under subsection (2) of section 2 of the European Communities Act 1972, a Minister of the Crown may by order or regulations amend the enactment or subordinate legislation so that it includes a reference to any order, rules or scheme under that subsection.

(6) The powers of a Minister of the Crown under subsection (5)—

(a) so far as exercisable in relation to a matter the exercise of functions in respect of which is within devolved competence (within the meaning of the Scotland Act 1998), shall also be exercisable by the Scottish Ministers;

(b) so far as exercisable in relation to a transferred matter (within the meaning of the Northern Ireland Act 1998 (c. 47)), shall also be exercisable by a Northern Ireland department;

[F2 (c) so far as exercisable in relation to a matter—

(i) within the legislative competence of the Assembly, or

(ii) in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

shall also be exercisable by the Welsh Ministers.]

F2 F2 (7) The power under subsection (5) to make an order or regulations—

(a) so far as exercisable by a Minister of the Crown, the Scottish Ministers or [F3 the Welsh Ministers]F3 , shall be exercisable by statutory instrument;

(b) so far as exercisable by a Northern Ireland department, shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8) A statutory instrument or statutory rule containing an order or regulations under subsection (5)—

(a) if made by a Minister of the Crown, shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) if made by the Scottish Ministers, shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; F4 ...

(c) if made by a Northern Ireland department, shall be subject to negative resolution, within the meaning of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument within the meaning of that Act [F5 , andF5 ]

[F6 (d) if made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the Assembly]F6 .

(9) In subsection (5)—

(a) “enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation;

(b) “subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaws or other instrument made under any Act, Act of the Scottish Parliament or Northern Ireland legislation.

Textual Amendments

F1 S. 27(3) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2), 3, Sch. 1 para. 149(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))

F2 S. 27(6)(c) 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. 149(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))

F3 Words in s. 27(7)(a) 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. 149(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))

F4 Word in s. 27(8)(b) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2), 3, Sch. 1 para. 149(d)(i)(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))

F5 Word in s. 27(8)(c) 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. 149(d)(ii)(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))

F6 S. 27(8)(d) 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. 149(d)(iii)(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))