Section 40 — Scope of regulations under section 36 or 38 where consent obtained
This version in force from 2020-11-23
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) Provision which could be included in regulations under section 36 or 38 but for section 39(3)(a) may be so included with the consent of the Scottish Ministers.
(2) Provision which could be included in regulations under section 36 or 38 but for section 39(3)(b) or may be so included with the consent of the Welsh Ministers.
(3) Provision which could be included in regulations under section 36 or 38 but for section 39(3)(c) may be so included with the consent of the Northern Ireland department.
(4) Provision which could be included in regulations under section 36 or 38 but for section 39(5) may be so included with the consent of—
(a) the Scottish Ministers,
(b) the Welsh Ministers, and
(c) the Northern Ireland department.