Investigatory Powers Act 2016

267 Regulations

(1) Any power of the Secretary of State or the Treasury to make regulations under this Act—

(a) is exercisable by statutory instrument,

(b) may be exercised so as to make different provision for different purposes or different areas, and

(c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2) See sections 72(3) and 73(6) for the procedure for a statutory instrument containing regulations under section 71 to which section 72 applies or (as the case may be) regulations under section 73(4) to which section 73(5) applies (enhanced affirmative procedure).

(3) A statutory instrument containing regulations under—

(a) section 12(4) or 271(2) which amend or repeal any provision of primary legislation,

(b) section 46(2),

(c) section 52(5),

(d) section 83,

(e) section 90(1),

(f) section 239,

(g) section 240(3),

(h) section 245,

(i) section 253,

(j) section 257(1), or

(k) paragraph 33 of Schedule 8,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing—

(a) regulations under section 12(4) or 271(2) to which subsection (3) does not apply,

(b) regulations under section 65(5), or

(c) regulations under paragraph 2(1)(b) of Schedule 5,

is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing—

(a) regulations under section 10(3),

(b) regulations under section 52(3),

(c) regulations under section 58(8)(a),

(d) regulations under section 71 to which section 72 does not apply,

(e) regulations under section 73(4) to which section 73(5) does not apply,

(f) regulations under section 133(6)(a), or

(g) regulations under section 255(7),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing regulations under paragraph 4 of Schedule 5 is subject to annulment in pursuance of a resolution of the House of Commons.

(7) See paragraphs 4(4) and 5(5) of Schedule 7 for the procedure for a statutory instrument containing regulations about the coming into force of a code of practice under that Schedule or of any revisions to such a code of practice (affirmative procedure or, in the case of the coming into force of revisions, a choice between that procedure and laying before Parliament after being made).

(8) A statutory instrument containing regulations which are subject to a particular parliamentary procedure under this Act may also include regulations which are subject to a different or no parliamentary procedure under this Act (but this subsection does not apply to regulations mentioned in subsection (2), (4), (6) or (7)).

(9) A statutory instrument which, by virtue of subsection (8), contains regulations which are subject to different parliamentary procedures, or one or more parliamentary procedure and no parliamentary procedure, is subject to whichever procedure is the higher procedure; and the order is as follows (the highest first)—

(a) the procedure set out in subsection (3) (the affirmative procedure),

(b) the procedure set out in subsection (5) above (the negative procedure),

(c) no procedure.

(10) Provision is not prevented from being included in regulations made under this Act merely because the provision could have been included in other regulations made under this Act which would have been subject to a different or no parliamentary procedure.