“ processing ” has the same meaning as in that Act (see section 3(4) of that Act). ”
(4) In Article 59 (regulations)—
(a) before paragraph (1) insert—
“ (A1) Before making regulations under this Order the Secretary of State must obtain the consent of the Department for Infrastructure.
(A2) Regulations under Article 39 or 40 or under a NUAR provision may make supplementary or incidental provision. ” ;
(b) in paragraph (1), after “Order” insert “, other than regulations made by the Secretary of State,” ;
(c) before paragraph (2) insert—
“ (1B) For the purposes of the Statutory Instruments Act 1946 a power of the Secretary of State to make regulations under this Order is exercisable by statutory instrument, and that Act applies in relation to a document by which such a power is exercised as if this Order were an Act of Parliament passed after the commencement of that Act.
(1C) Regulations made by the Secretary of State under Articles 39, 40, 45A, 45B and 45F are subject to the negative Westminster procedure.
(1D) Subject to paragraphs (1E) and (1F), regulations made by the Secretary of State under Articles 45C, 45E and 45H and paragraph 1 of Schedule 2ZA are subject to the affirmative Westminster procedure.
(1E) Regulations under Article 45E(1) that only make provision of a kind mentioned in Article 45E(2) are subject to the negative Westminster procedure.
(1F) But the first regulations under Article 45E(1) that make provision of a kind mentioned in Article 45E(2) are subject to the affirmative Westminster procedure.
(1G) Where regulations under this Order are subject to “the affirmative Westminster 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.
(1H) Where regulations under this Order are subject to “the negative Westminster procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(1I) Any provision that may be made in regulations under this Order subject to the negative Westminster procedure may be made in regulations subject to the affirmative Westminster procedure. ”
(5) Article 59(A2) of the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) (inserted by subsection (4)(a)) is revoked on the coming into operation of Article 59(1A) of that Order (as inserted by Article 28(3) of the Street Works (Amendment) (Northern Ireland) Order 2007 ( S.I. 2007/287 (N.I. 1))) .
(6) Schedule 2 to this Act inserts Schedule 2ZA into the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) (monetary penalties).
I109 S. 58 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
59 Information in relation to apparatus: Northern Ireland N.I.
(1) The Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) is amended in accordance with subsections (2) to (5).
(2) For the italic heading before Article 39 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus” .
(3) In Article 39—
(b) in paragraph (1), for sub-paragraph (c) substitute—
“ (c) being informed of its location under Article 40(2)(a), ” ;
(c) after paragraph (1A) (as inserted by Article 22(2) of the Street Works (Amendment) (Northern Ireland) Order 2007 ( S.I. 2007/287 (N.I. 1))) insert—
(d) receiving any such information in relation to the item under Article 40(2)(a). ” ;