Member

5: After Clause 12, insert the following new Clause— “Power to make regulations: Scotland and Northern Ireland (No. 2)(1) Where section 11 applies, the appropriate national authority may by regulations make such provision as the authority considers appropriate for the purpose mentioned in section 11(2).(2) Subsections (3) to (5) of section 11 apply to regulations under this section as they apply to regulations under that section.(3) Regulations under this section may—(a) confer a function (including a discretion) on any person; (b) make different provision for different purposes or for different areas;(c) make consequential, supplementary, incidental, transitional, transitory or saving provision.(4) Regulations under this section that provide for civil sanctions—(a) must provide a right of appeal against the imposition of any such sanction;(b) may make any provision corresponding to, or dealing with similar matters to, provision made by or capable of being made under the Regulatory Enforcement and Sanctions Act 2008.(5) For the purposes of this section, “appropriate national authority”, in relation to the making of regulations, means—(a) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament; (b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, so far as provision made by the regulations—(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.(6) The consequential provision that may be made by regulations in reliance on subsection (3)(c) includes provision amending—(a) in relation to regulations made by the Scottish Ministers, an enactment within the meaning given by Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (whenever passed or made), and(b) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, any statutory provision within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.”Member’s explanatory statement This new clause would give the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland a power to make provision within devolved legislative competence corresponding to the provision that the Secretary of State can make under clause 11.