Commentary on Sections Required identity checks Section 14: Procedures for regulations under s. 13
97.This section sets out the procedure for making regulations under section 13, including in relation to devolved administrations.
98.Subsection (1) sets out who may make regulations under section 13. Where the provision of public services is the responsibility of the National Assembly for Wales, only the Assembly may make regulations under section 13. In Northern Ireland, the power to make regulations under section 13 in relation to the provision of Northern Irish public services is exercisable by such Northern Ireland department as may be designated for that purpose by order made by the Office of the First Minister and deputy First Minister. Where this power is not exercisable by the National Assembly for Wales or a Northern Ireland Department, the Secretary of State may make regulations.
99.Subsection (2) states that the ‘provision of Welsh public services’ means the provision of public services in Wales to the extent that such provision is something which the National Assembly for Wales has functions. And the provision of Northern Ireland public services means the provision of public services in Northern Ireland to the extent that it is a transferred matter.
100.Regulations made under section 13 must be approved by a resolution in both Houses of Parliament in the case of regulations made by the Secretary of State; and in the case of regulations in Northern Ireland, they must be laid before and approved by the Northern Ireland Assembly (subsection (3)).
101.Under subsection (4), before any regulations are made there must be steps taken for ensuring that members of the public likely to be affected are informed and consulted on the proposal. Subsection (5) provides that this must include the reasons for the proposal and why existing provisions under legislation governing the particular service are not sufficient to create the necessary link; i.e. why the section 13 power is being relied on.
102.Subsection (6) requires there to be consultation with interested parties, for example the providers of a public service, before any regulations are made under section 13 if there is an equivalent requirement in other legislation governing that service to consult these interested parties.