Identity Cards Bill (2004)

(1) The power to make regulations under section 15 shall be exercisable—

(a) in relation to the provision of Welsh public services, by the National Assembly for Wales;

(b) in relation to the provision of Northern Ireland public services, by a Northern Ireland department designated for the purpose by order made 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) In subsection (1)—

(a) the reference to the provision of Welsh public services is a reference to the provision of public services in Wales, so far as their provision is a matter in relation to which the National Assembly for Wales has functions; and

(b) the reference to the provision of Northern Ireland public services is a reference to the provision of public services in Northern Ireland, so far as their provision is a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(3) Regulations containing (with or without other provision) any provision the
making of which is authorised by section 15 must not be made by the Secretary of State or a Northern Ireland department 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 a Northern Ireland department, has been laid before and approved by the Northern Ireland Assembly.

(4) Before—

(a) draft regulations under section 15 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 (5),
and for consulting them about the proposal.

(5) 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.

(6) Where—

(a) a power to impose conditions for the provision of a public service is exercisable under an 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 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.

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EXPLANATORY NOTES

Clause 16: Procedures for regulations under s. 15

103. This clause sets out the procedure for making regulations under clause 15, including how this will apply to devolved administrations.

104. Subsection (1) sets out who may make regulations under clause 15. Where the provision of public services is the responsibility of the National Assembly for Wales, only that Assembly may make regulations under clause 15. In Northern Ireland, the power to make regulations under clause 15 is exercisable by such Northern Ireland department as may be designated for that purpose by order made by the Office of the First Minister and deputy First Minister. Where this power is not exercisable by the Northern Ireland Assembly or a Northern Ireland Department, the Secretary of State may make regulations.

105. Subsection (2) clarifies the meaning in subsection (1) of the provision of Welsh public services as those which the National Assembly for Wales has functions and of Northern Irish public services in so far as the regulations relate to the provision of services in the transferred field.

106. Regulations made under clause 15 must be approved by a resolution in both Houses of Parliament in the case of regulations made by the Secretary of State; and in the case of regulations in Northern Ireland, they must be laid before and approved by the Northern Ireland Assembly (subsection (3)).

107. Under subsection (4), before any regulations are made there must be steps taken for ensuring that members of the public likely to be affected are informed and consulted on the proposal. Subsection (5) provides that this must include the reasons for the proposal and why existing provisions are not sufficient to make an order under legislation governing the particular service rather than relying on an order under clause 15 of the Identity Cards Bill.

108. Subsection (6) requires there to be consultation with interested parties, for example the providers of a public service, before any regulations are made under clause 15 if there is an equivalent requirement in other legislation governing that service to consult these interested parties.