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Part 46U.K.General supplementary provisions

Modifications etc. (not altering text)

C1Pts. 45-47 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C2Pts. 1-39 (except for Pt. 7 and ss. 662-669) and Pts. 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2

Regulations and ordersU.K.

1288Regulations and orders: statutory instrumentU.K.

Except as otherwise provided, regulations and orders under this Act shall be made by statutory instrument.

1289Regulations and orders: negative resolution procedureU.K.

Where regulations or orders under this Act are subject to “negative resolution procedure” the statutory instrument containing the regulations or order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

1290Regulations and orders: affirmative resolution procedureU.K.

Where regulations or orders under this Act are subject to “affirmative resolution procedure” the regulations or order must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

1291Regulations and orders: approval after being madeU.K.

(1)Regulations or orders under this Act that are subject to “approval after being made”—

(a)must be laid before Parliament after being made, and

(b)cease to have effect at the end of 28 days beginning with the day on which they were made unless during that period they are approved by resolution of each House.

(2)In reckoning the period of 28 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(3)The regulations or order ceasing to have effect does not affect—

(a)anything previously done under them or it, or

(b)the making of new regulations or a new order.

1292Regulations and orders: supplementaryU.K.

(1)Regulations or orders under this Act may—

(a)make different provision for different cases or circumstances,

(b)include supplementary, incidental and consequential provision, and

(c)make transitional provision and savings.

(2)Any provision that may be made by regulations under this Act may be made by order; and any provision that may be made by order under this Act may be made by regulations.

(3)Any provision that may be made by regulations or order under this Act for which no Parliamentary procedure is prescribed may be made by regulations or order subject to negative or affirmative resolution procedure.

(4)Any provision that may be made by regulations or order under this Act subject to negative resolution procedure may be made by regulations or order subject to affirmative resolution procedure.

Subordinate Legislation Made

P1S. 1292 power partly exercised: 1.10.2007, 1.11.2007, 15.12.2007, and 1.10.2008 appointed for specified provisions by {S.I. 2007/2194}, arts. 2-5 (with saving in art. 12 and subject to transitional adaptations specified in Sch. 1 and with transitional provisions and savings in Sch. 3)

S. 1292 power partly exercised: different dates appointed for specified provisions by {S.I. 2007/3495}, arts. 2-5 (with arts. 7, 12)

P2S. 1292(1) power partly exercised: 6.4.2007 appointed for specified provisions by {S.I. 2007/1093}, arts. 2, 5 (with art. 11 and subject to transitional adaptations in Sch. 1)

Modifications etc. (not altering text)

C11S. 1292 applied (with modifications) (9.7.2009 for certain purposes otherwise 1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2(2), 81