Biodiversity Beyond National Jurisdiction Act 2026
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Change 1
17 Procedure for regulations under section 16
(1) Subject to subsection (3), regulations under section 16 that include provision— (a) amending an Act of Parliament, an Act of the Scottish Parliament or Northern Ireland legislation, (b) creating a civil sanction or varying the maximum amount of any monetary penalty, or (c) creating a criminal offence, are subject to the affirmative procedure. (2) Subsection (3) applies where the provision within subsection (1) of this section relates to a decision under Article 24(1) of the Agreement. (3) Where the person making the regulations considers that the regulations need to be made urgently in order to give effect to the measure to which they relate, the regulations are subject to the made affirmative procedure. (4) Any other regulations under section 16 are subject to the negative procedure. (5) Any provision that may be made by regulations under section 16 subject to the negative procedure may be made in regulations subject to the affirmative procedure or the made affirmative procedure. (6) The power of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to make regulations under section 16 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (7) For the purposes of this section— (a) in relation to regulations made by the Scottish Ministers, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meanings of “subject to the negative procedure” and “subject to the affirmative procedure”, (b) in relation to regulations made by the Scottish Ministers that are subject to the “made affirmative procedure”, the regulations— (i) must be laid before the Scottish Parliament as soon as reasonably practicable after being made, and (ii) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament, (c) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to the “affirmative procedure”, the regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly, (d) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to the “made affirmative procedure”, the regulations— (i) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made, and (ii) cease to have effect at the end of the period of 28 days beginning with the day on which the regulations are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly, and (e) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to “the negative procedure”, the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). (8) In calculating the period of 28 days mentioned in subsection (7)(b)(ii), no account is to be taken of any time during which the Scottish Parliament is— (a) dissolved, or (b) in recess for more than 4 days. (9) In calculating the period of 28 days mentioned in subsection (7)(d)(ii), no account is to be taken of any time during which the Northern Ireland Assembly is— (a) dissolved, (b) in recess for more than 4 days, or (c) adjourned for more than 6 days. (10) Where regulations cease to have effect as a result of subsection (7)(b)(ii) or (d)(ii), that does not— (a) affect anything previously done under or by virtue of the regulations, or (b) prevent the making of new regulations.
17 Procedure for regulations under section 16
(1) Subject to subsection (3), regulations under section 16 that include provision— (a) amending an Act of Parliament, an Act of the Scottish Parliament or Northern Ireland legislation, (b) creating a civil sanction or varying the maximum amount of any monetary penalty, or (c) creating a criminal offence, are subject to the affirmative procedure. (2) Subsection (3) applies where the provision within subsection (1) of this section relates to a decision under Article 24(1) of the Agreement. (3) Where the person making the regulations considers that the regulations need to be made urgently in order to give effect to the measure to which they relate, the regulations are subject to the made affirmative procedure. (4) Any other regulations under section 16 are subject to the negative procedure. (5) Any provision that may be made by regulations under section 16 subject to the negative procedure may be made in regulations subject to the affirmative procedure or the made affirmative procedure. (6) The power of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to make regulations under section 16 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (7) For the purposes of this section— (a) in relation to regulations made by the Scottish Ministers, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meanings of “subject to the negative procedure” and “subject to the affirmative procedure”, (b) in relation to regulations made by the Scottish Ministers that are subject to the “made affirmative procedure”, the regulations— (i) must be laid before the Scottish Parliament as soon as reasonably practicable after being made, and (ii) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament, (c) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to the “affirmative procedure”, the regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly, (d) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to the “made affirmative procedure”, the regulations— (i) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made, and (ii) cease to have effect at the end of the period of 28 days beginning with the day on which the regulations are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly, and (e) in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland that are subject to “the negative procedure”, the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). (8) In calculating the period of 28 days mentioned in subsection (7)(b)(ii), no account is to be taken of any time during which the Scottish Parliament is— (a) dissolved, or (b) in recess for more than 4 days. (9) In calculating the period of 28 days mentioned in subsection (7)(d)(ii), no account is to be taken of any time during which the Northern Ireland Assembly is— (a) dissolved, (b) in recess for more than 4 days, or (c) adjourned for more than 6 days. (10) Where regulations cease to have effect as a result of subsection (7)(b)(ii) or (d)(ii), that does not— (a) affect anything previously done under or by virtue of the regulations, or (b) prevent the making of new regulations.
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