Member

2: After Clause 9, insert the following new Clause— “Procedure for regulations under section (Power to make regulations: Scotland and Northern Ireland)(1) Regulations under section (Power to make regulations: Scotland and Northern Ireland) that include provision—(a) amending an Act of Parliament, an Act of the Scottish Parliament or Northern Ireland legislation,(b) made in reliance on section 9(2)(b), or(c) creating a civil sanction or varying the maximum amount of any monetary penalty,are subject to the affirmative procedure.(2) Any other regulations under section (Power to make regulations: Scotland and Northern Ireland) are subject to the negative procedure.(3) Any provision that may be made by regulations under section (Power to make regulations: Scotland and Northern Ireland) subject to the negative procedure may be made in regulations subject to the affirmative procedure. (4) The power of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to make regulations under section (Power to make regulations: Scotland and Northern Ireland) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).(5) For the purposes of this section—(a) in relation to regulations made by the Scottish Ministers, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meanings of “subject to the negative procedure” and “subject to the affirmative procedure”, and(b) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland—(i) where the regulations are subject to the affirmative procedure, the regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly, and(ii) where the regulations are subject to the negative procedure, the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).”Member's explanatory statement This new clause would make provision for procedure relating to regulations under new clause (Power to make regulations: Scotland and Northern Ireland), which would be inserted after clause 9.