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gramsay  
#1 Posted : 14 July 2016 10:54:07(UTC)
Rank: Super forum user
gramsay

Does anyone know where I can find a list of Regulations made under a particular Act? Legislation.gov.uk was my first port of call, followed by Google, but I'm drawing a blank. I hadn't noticed that the Health & Safety (Consultation with Employees) Regs were made under the European Communities Act, rather than HASAWA or another, which probably makes them higher up on our radar for anticipating change. I'm interested in looking at what other Regs were made under ECA. Ta
PH2  
#2 Posted : 14 July 2016 11:14:35(UTC)
Rank: Super forum user
PH2

The Regulations were made under the Framework Directive and not the ECA : the latter gave authority to the relevant UK Government Minister to implement certain EU Directives into UK law. See the explanatory note at the end of the Consultation with Employees Regulations. There are other Regulations also made under the Framework Directive: the 6 pack are the most well known of these, but there are others.
gramsay  
#3 Posted : 14 July 2016 11:36:42(UTC)
Rank: Super forum user
gramsay

Correct me if I'm wrong, PH2, but in UK law the Regulations are made under UK Acts, not EU Directives - the Directives (as opposed to EU Regulations) merely ask us to use our own law to achieve certain outcomes. The six-pack are Regulations made under provisions existing in the Health and Safety at Work Act (as stated at the start of, for example the management regs) but take note of the fact that the person making them is a minister (in accordance with the European Communities Act) with responsibility for H&S. The Consultation with Employees Regs don't do any of that, they just state that the minister (appropriately designated under the ECA) makes the Regs.
MikeKelly  
#4 Posted : 14 July 2016 12:47:35(UTC)
Rank: Super forum user
MikeKelly

Hi Gramsay Try BAILII-the British and Irish Legal Information Institute-it's a great source of info of a legal nature but a bit difficult to navigate. It may not work but its where I would start. Regards Mike
MikeKelly  
#5 Posted : 14 July 2016 12:53:38(UTC)
Rank: Super forum user
MikeKelly

PS Gramsay If you know any friendly lawyer [or uni law library] with access to Halseys Statutes that should work
gramsay  
#6 Posted : 14 July 2016 14:57:49(UTC)
Rank: Super forum user
gramsay

Thanks Mike, that looks useful - hadn't seen it before.
djupnorth  
#7 Posted : 15 July 2016 14:14:14(UTC)
Rank: Forum user
djupnorth

Gramsay, The regulations made under the Health and Safety at Work, etc. Act 1974 are listed on the HSE's website. I am not aware of any similar lists in respect of other statutes. It is correct that the 'Consultation Regulations' are made under the European Communities Act by way of the Minster of State using his powers under the Act because the Consultation Regulations were brought into being to rectify the UK's failure to effectively implement the Workplace Directive. As has said above, regulations in England and Wales can only be made if there is a power within a Statute to allow a Minister to do so. There are slightly differing provisions in Scotland and NI. The exception is EU Regulations, which are directly applicable and so don't need a Statute. I hope this helps. DJ
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