Legislation – Biodiversity Beyond National Jurisdiction Act 2026

The appropriate national authority may by regulations make provision that is within section 9(2) (read with section 9(3) to (6)) for the purposes of implementing the United Kingdom’s obligations under Part 2 of the Agreement.

(2)

Regulations under this section may—

(a)

confer a function (including a discretion) on any person;

(b)

make different provision for different purposes or for different areas;

(c)

make consequential, supplementary, incidental, transitional, transitory or saving provision.

(3)

Regulations under this section that provide for civil sanctions—

(a)

must provide a right of appeal against the imposition of any such sanction;

(b)

may make any provision corresponding to, or dealing with similar matters to, provision made by or capable of being made under the Regulatory Enforcement and Sanctions Act 2008.

(4)

For the purposes of this section, “appropriate national authority”, in relation to the making of regulations, means—

(a)

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

(b)

the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, so far as provision made by the regulations—

(i)

would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(ii)

would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(5)

The consequential provision that may be made by regulations in reliance on subsection (2)(c) includes provision amending—

(a)

in relation to regulations made by the Scottish Ministers, an enactment within the meaning given by Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (whenever passed or made), and

(b)

in relation to regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, any statutory provision within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.