Legislation – Biodiversity Beyond National Jurisdiction Act 2026
Part 5General
29Regulations under this Act
(1)
Regulations under this Act are to be made by statutory instrument.
(2)
A power to make regulations under this Act includes power to—
(a)
confer a function (including a discretion) on any person;
(b)
make consequential, supplementary, incidental, transitional, transitory or saving provision;
(c)
make different provision for different purposes or for different areas.
(3)
Regulations under this Act 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)
Where regulations under this Act are subject to “the draft affirmative procedure”, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(5)
Where regulations under this Act are subject to “the made affirmative procedure”, the statutory instrument containing the regulations must be laid before Parliament after being made.
(6)
Regulations contained in a statutory instrument laid before Parliament under subsection (5) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(7)
In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a)
Parliament is dissolved or prorogued, or
(b)
either House of Parliament is adjourned for more than 4 days.
(8)
If regulations cease to have a effect as a result of subsection (6), that does not—
(a)
affect the validity of anything previously done under the regulations, or
(b)
prevent the making of new regulations.
(9)
Where regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
(10)
Any provision that may be made by regulations under this Act subject to the negative procedure may be made in regulations subject to the draft affirmative procedure or the made affirmative procedure.
(11)
This section does not apply to regulations under—
(a)
section 10,
(b)
section 16,
(c)
section 25, or