Section 3 — Section 2: supplementary

Extent: E+W+S

This version in force from 2024-05-20

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) This section applies for the purposes of section 2.

(2) “Appropriate national authority”, in relation to the power to make enforcement regulations, means—

(a) the Secretary of State;

(b) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;

(c) the Welsh Ministers, so far as provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru.

(3) But the Secretary of State may not make enforcement regulations containing—

(a) provision that could be made by enforcement regulations made by the Scottish Ministers, or

(b) provision that could be made by enforcement regulations made by the Welsh Ministers,

without the consent of the Scottish Ministers or the Welsh Ministers (as the case may be).

(4) “Civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5) “Enactment” means any provision made by or under—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) assimilated direct legislation.