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May 23, 2004

17 Procedure for regulations under ss. 15 and 16

(1) The power to make regulations under section 15 or 16 shall be exercisable.

(a) in relation to the provision of public services for which the National

Assembly for Wales is responsible, by that Assembly;

(b) in relation to the provision of public services in Northern Ireland so far

as the provision of those services is a transferred matter (within the

meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)), by the

Office of the First Minister and the deputy First Minister; and

(c) so far as not exercisable by any other person under paragraph (a) or (b),

by the Secretary of State.

(2) Regulations containing (with or without other provision) any provision the

making of which is authorised by section 15 or 16 must not be made by the

Secretary of State or the Office of the First Minister and deputy First Minister

unless a draft of the regulations.

(a) in the case of regulations made by the Secretary of State, has been laid

before Parliament and approved by a resolution of each House; and

(b) in the case of regulations made by the Office of the First Minister and

deputy First Minister, has been laid before and approved by the

Northern Ireland Assembly.

(3) Before.

(a) draft regulations under section 15 or 16 are laid before either House of

Parliament or the Northern Ireland Assembly, or

(b) regulations under that section are made by the National Assembly for

Wales,

the person proposing to make the regulations must take such steps as that

person thinks fit for securing that members of the public likely to be affected

by the regulations are informed about the matters mentioned in subsection (4),

and for consulting them about it.

(4) Those matters are.

(a) the reasons for the making of the regulations; and

(b) why reliance is not being placed on powers conferred otherwise than

by this Act.

(5) Where.

(a) a power to impose the conditions for the provision of a public service is

exercisable under any enactment not contained in this Act, and

(b) that power is exercisable only after consultation with such persons as

may be specified or described in that enactment,

the power under section 15 or 16 to impose a condition for the provision of that

service or to make provision in relation to such a condition is to be exercisable

only after consultation with the persons so specified or described.

(6) References in this section to the provision of a public service are to be construed

in accordance with section 15(5).

Posted by wtwu at May 23, 2004 11:06 PM

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