Section 87: Regulations, Domestic Abuse Act 2021

Any power of the Secretary of State, the Lord Chancellor or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

Any power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Regulations under this Act may—

make different provision for different purposes or in relation to different areas;

contain supplementary, incidental, consequential, transitional or saving provision.

Subsection (3) does not apply to regulations under section 90 (see instead subsection (7) of that section).

A statutory instrument containing regulations made by the Secretary of State or Lord Chancellor under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless the instrument—

is required by subsection (6) or any other enactment to be laid in draft before, and approved by a resolution of, each House of Parliament, or

contains only regulations under section 20(4), 37(7), 81(4), 86 or 90.

A statutory instrument that contains (with or without other provisions)—

regulations under section 41(7),

regulations of the Secretary of State under section 80(6), or

regulations of the Secretary of State under section 85 that amend or repeal any Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution made by Senedd Cymru, unless the instrument—

is required by subsection (8) or any other enactment to be laid before, and approved by a resolution of, Senedd Cymru, or

contains only regulations under section 86.

A statutory instrument that contains (with or without other provisions)—

regulations of the Welsh Ministers under section 80(6), or

regulations of the Welsh Ministers under section 85 that amend or repeal primary legislation (within the meaning of section 85(4)),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Section 87: Regulations

Discussed in

About this text