120ARegulations

1

This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A.

2

A power to make regulations includes power to make—

a

consequential, supplementary, incidental, transitional, transitory or saving provision;

b

different provision for different purposes or for different areas.

3

Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.

4

Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate.

5

Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate.

6

Regulations are to be made by statutory instrument.

7

A statutory instrument containing (whether alone or with other provision)—

a

regulations under section 54A, 90A, 105C or 125A, or

b

regulations under section 120D(2)(b) or (6), or regulations made by virtue of section 120D(4)(c),

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

8

Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

9

A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

10

Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

120BProposals and consultation relating to regulations made by the Secretary of State

1

The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act.

2

Before making a proposal, the regulator must consult such persons as it considers appropriate.

3

Before making any regulations under this Act, other than regulations proposed by the regulator, the Secretary of State must consult—

a

the regulator, and

b

any other person that the Secretary of State considers appropriate.

4

This section does not apply in relation to regulations under section 120D.

120CConsultation relating to regulations made by the Welsh Ministers

1

Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate.

2

Before making any regulations under section 120I, the Welsh Ministers must consult—

a

the Building Regulations Advisory Committee for Wales, and

b

any other person that the Welsh Ministers consider appropriate.

3

See also section 14 (consultation requirements for building regulations).