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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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