General Section 39 Regulations
The section defines what is meant by ‘appropriate national authority’. Most regulations under the Bill that apply in relation to Wales, Scotland or Northern Ireland may be made only by, or with the consent of, the Welsh Ministers, Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (‘the department’). Each of the appropriate national authorities would also be able to make their own regulations if, for example, they did not give consent not given for the Secretary of State to make regulations applicable to Wales, Scotland or Northern Ireland. This will enable the Devolved Administrations to exercise their devolved functions using powers in the Act where they consider it appropriate. However, this is not the case for sections 3(1)(h), 4(7)(b), 5(4) and 10(1)(g) which concern the powers to set fees. These regulations will remain exercisable only by the Secretary of State, but will require consultation with the Welsh Ministers, Scottish Ministers and the department. Commencement regulations are unaffected by these amendments.
	This section provides that where the Act provides for regulations to be made these regulations may make consequential, supplementary, incidental, transitional or saving provisions.
	Subsection (2) and (3) specify that all regulations under the Act will be made by statutory instrument and that the negative resolution procedure would apply to any such statutory instrument, except under Section 37(2). Regulations under section 37(2) would be subject to the affirmative resolution procedure.