Explanatory Notes

Part 2: Procedure

518 Part 2 of Schedule 5 makes general provision in respect of the scope and nature of the powers contained in the Bill.

519 Paragraph 12 provides that powers to make regulations in the Bill are exercisable by statutory instrument (where exercised by a Minister of the Crown, by a Welsh minister or by a Minister of the Crown acting jointly with a devolved authority) and by statutory rule (where the powers are exercised by a Northern Ireland department alone). Regulations made by Scottish ministers acting alone will be made by Scottish statutory instrument, as provided for by section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

520 Paragraph 13 clarifies the scope of the powers in the Bill by providing that all the powers in the Bill can be used to make different provision for different cases or descriptions of case, in different circumstances, areas or for different purposes and include the power to make supplementary etc provision.

521 Paragraph 14 provides that powers in the Bill may overlap without that overlap impacting on the scope of each of the powers.

522 Paragraph 15 provides that powers in the Bill regarding the Agreements can be exercised before the Agreements are ratified so that the regulations can come into force on or after the day the agreement is ratified.

523 Paragraph 16 clarifies that the power for Ministers to commence certain parts of the Bill, as provided for by section 43(7), includes the power to specify the time of day these parts of the Bill come into force.

524 Paragraph 17 sets out that regulations brought forward under the powers in this Bill are never to be treated as hybrid instruments. Some statutory instruments which need to be approved by both Houses (affirmative instruments) are ruled to be hybrid instruments because they affect some members of a group (be it individuals or bodies) in a manner different from others in the same group.

525 Paragraph 18 makes provision for what happens when instruments are combined.


Prepared 21st October 2019