Legislation Act 2019

75 Additional applicable publication requirements for secondary legislation with international transparency obligations under CPTPP

(1)

This section applies to secondary legislation not published by the PCO that—

(a)

is made by a Minister or a relevant central government entity (even if the Minister or entity is performing a statutorily independent function); and

(b)

relates to international transparency obligations (because the publishing under this Part of copies of and links to the legislation would help meet those obligations).

(2)

The additional applicable publication requirements for secondary legislation with international transparency obligations are that the maker must ensure that—

(a)

the secondary legislation is published on the maker’s website as soon as practicable; and

(b)

the secondary legislation’s details are in, or with, the secondary legislation as published on the maker’s website; and

(c)

the secondary legislation and its details are, as far as practicable, able to be accessed at, or downloaded from, the maker’s website; and

(d)

links to the secondary legislation are forwarded to the PCO for publication (without delay and in accordance with any applicable directions under section 76).

(3)

Subsection (2)(b) is taken to be satisfied if—

(a)

the secondary legislation amends (without replacing wholly) principal secondary legislation; and

(b)

the details relate to the amendments it makes to the principal secondary legislation; and

(c)

the details are in or with a consolidation of the principal secondary legislation that is published as required by subsection (2).

Compare: 2012 No 119 ss 36C(1), 36D(2), 36E(2), (3), 36F(2)

Section 75 heading: amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Section 75(2): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).