AI Summary of 3. Power to make regulations.
This section empowers a Minister of State to enact regulations to ensure the effective implementation of section 2 of the Act. The regulations may include necessary incidental provisions, potentially amending or repealing other laws, but excluding this Act.
Moreover, regulations can stipulate that offences are prosecutable on indictment to align with EU treaties or acts. The Minister must ensure penalties are effective, proportionate, and deterrent, capped at a maximum fine of €500,000 or a three-year prison term. Notably, regulations may be adopted prior to 1 January 1973, although they will not take effect until that date.
3. Power to make regulations.
(1) A Minister of State may make regulations for enabling section 2 of this Act to have full effect.
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister making the regulations to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).
(3) Regulations under this section may -
(a) make provision for offences under the regulations to be prosecuted on indictment, where the Minister of the Government making the regulations considers it necessary for the purpose of giving full effect to -
(i) a provision of the treaties governing the European Union, or
(ii) an act, or provision of an act, adopted by an institution of the European Union, an institution of the European Communities or a body competent under those treaties, and
(b) make such provision as that Minister of the Government considers necessary for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner are effective and proportionate, and have a deterrent effect, having regard to the acts or omissions of which the offence consists, provided that the maximum fine (if any) shall not be greater than €500,000 and the maximum term of imprisonment (if any) shall not be greater than 3 years.