Environment Bill

Explanatory Notes

New section 39H Regulations under section 39F: supplementary

660 Subsection (1) provides that regulations under new section 39F are to be made by statutory instrument.

661 Subsection (2) provides that regulations are subject to the a negative resolution procedure subject to annulment by either House of Parliament, in relation to regulations made by the Secretary of State, or the Assembly, in the case of regulations made by the Welsh Ministers.

662 Subsections (3) and (4) provide that, where regulations are made by both the Secretary of State and Welsh Ministers and either legislature votes to annul those regulations, the regulations will have no further effect.

663 Subsection (5) provides that section 213(2) to (2B) of the Water Industry Act 1991 applies to regulations made by Welsh Ministers under new section 39F as they would apply the Secretary of State under new section 39F. This means that regulations made by Welsh Ministers may, for example, include provision for the determination of questions of fact and law which may arise in giving effect to the regulations or provision as to awarding costs or expenses of proceedings in any determination, among other things.

Clause 76: Drainage and sewerage management plans

664 Clause 76 inserts five new sections into the Water Industry Act 1991.


Prepared 29th January 2020