40Regulations under Chapter 3E+W+S
(1)Regulations under this Chapter may—
(a)include incidental, supplementary and consequential provision;
(b)make transitory or transitional provision or savings;
(c)make different provision for different cases or circumstances or for different purposes;
(d)make provision subject to exceptions.
(2)Before making any regulations under this Chapter, the Secretary of State must consult—
(a)the Authority,
(b)any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,
(c)such other persons as the Secretary of State considers it appropriate to consult.
(3)Subsection (2) may be satisfied by consultation before, as well as consultation after, the passing of this Act.
(4)Regulations under this Chapter must be made by statutory instrument.
(5)Subject to subsection (6), an instrument containing (whether alone or with other provision) regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6)An instrument containing only regulations within subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
(7)The regulations within this subsection are—
(a)electricity capacity regulations which—
(i)only make provision within section 33, and
(ii)are not the first set of electricity capacity regulations to make such provision;
(b)regulations under section 38 which do not make provision amending or repealing a provision of an enactment contained in primary legislation.
(8)If, but for this subsection, an instrument containing electricity capacity regulations would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.