Commentary on Sections Part 1: Energy Efficiency General Section 52: Regulations and orders: Chapter 2
143.This section enables the Secretary of State, when making orders or regulations under Chapter 2, to make different provision for different cases or circumstances or for different purposes. It provides for orders under sections 43(5) or 49(5) to be made by statutory instrument subject to the negative procedure. Statutory instruments containing an order under section 42(1)(a)(iii) or regulations under this Chapter are subject to the affirmative procedure.
144.Subsection (5) requires the Secretary of State to obtain the consent of Welsh Ministers before making provision under this Chapter where such provision will amend or revoke provision contained in a Measure or Act of the National Assembly of Wales. The requirement for consent under subsection (5) does not apply where the Secretary of State is making incidental or consequential provision; see subsection (6). Subsection (7) requires the Secretary of State to consult Welsh Ministers before making any domestic energy efficiency regulations or tenants’ energy efficiency improvement regulations which apply to properties situated in Wales.