Commentary on Sections: Part 2 Section 15: Orders and Regulations
103.Section 15 provides general information as to the procedure for making orders and regulations under Part 2, and as such is self-explanatory, with the exception of the subsections mentioned below which do need further explanation.
104.Subsection 3 requires the Secretary of State to consult the Office of Fair Trading and such other persons as he thinks appropriate before making an order under section 4(2)(e), bringing a sector within the ambit of regulation. Appropriate consultees will vary according to the particular activity under consideration: for example, the Secretary of State might want to consult the President of the Employment Tribunals if he is considering regulation of claims related to employment, or the Chief Executive of the Criminal Injuries Compensation Authority if considering regulation of claims related to criminal injuries compensation.
105.Subsection 6 applies where the Secretary of State makes an order under section 5(3), establishing a person for the purpose of being designated as Regulator. This subsection permits the Secretary of State to make provision for the appointment of members (where the person established is an unincorporated body). The order might also provide details about dissolution of the person established for the purpose of designation.
106.Subsection 7 specifies that the first exemption order made under section 6 may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament. This will provide Parliament with an opportunity to debate the initial exemption order.