Section 139: Regulations under section 138

Building Safety Act 2022 · 2022 c. 30View on legislation.gov.uk

Part 5: Other provision about safety, standards etc

The power to make regulations under section 138(7)(b) is exercisable—

in the case of regulations made by the Secretary of State or the Welsh Ministers, by statutory instrument, and
in the case of regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(For regulations under section 138(7)(b) made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Regulations under section 138(7)(b)—

may make different provision for different purposes;
may contain consequential, supplementary, incidental, transitional or saving provision.

Regulations under section 138(7)(b)—

if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

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