Planning and Development Act 2024
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Amendment of statutory instruments consequent on repeal of Act of 2000 | ||
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632. (1) Subject to subsections (2) to (6), the Minister may make regulations amending any statutory instrument so that a reference, in the statutory instrument, to a relevant provision is replaced with a reference to this Act or to one or more provisions of this Act, or in such other manner as is necessary to ensure the effective operation of the statutory instrument having regard to this Act. | ||
(2) Subject to subsection (3), where a statutory instrument is made by a person other than the Minister, the Minister shall consult the person before amending the statutory instrument under this section. | ||
(3) Where the power to make a statutory instrument stands transferred to a person other than the Minister, the Minister shall consult the person before amending the statutory instrument under this section. | ||
(4) Where the power to make a statutory instrument is subject to a requirement— | ||
(a) to obtain the consent of a person other than the Minister, or | ||
(b) to consult with a person other than the Minister, | ||
the Minister shall not amend the statutory instrument under this section without obtaining the consent of the person, or without consulting the person, as the case may be. | ||
(5) The Minister shall not, by regulations under this section— | ||
(a) confer on any person the ability to perform a function, or exercise a power, that is not conferred on the person by or under an enactment, or | ||
(b) remove the ability of any person to perform a function, or exercise a power, that is vested in the person by or under an enactment. | ||
(6) In this section— | ||
“Act of 2005” means the Interpretation Act 2005 ; | ||
“enactment” has the meaning it has in the Act of 2005; | ||
“make”, in relation to a statutory instrument, shall be construed in accordance with subsection (3) of section 22 of the Act of 2005; | ||
“person other than the Minister” does not include a Minister of State to whom the Minister’s functions have been delegated under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 ; | ||
“relevant provision” means the following enactments, or any provision thereof: | ||
(a) the Act of 2000; | ||
(b) any Act that may be cited together with that Act; | ||
(c) any statutory instrument made under an Act referred to in paragraph (a) or (b); | ||
“statutory instrument” has the meaning it has in the Act of 2005. |