PART 6GENERAL

112Orders and regulations

1

Subject to the following provisions of this section, any orders or regulations made by the Department under this Act are subject to negative resolution.

2

Subsection (1) does not apply to an order under section 118.

3

Orders or regulations to which this subsection applies—

a

must be laid before the Assembly after being made; and

b

take effect on such date as may be specified in the order or regulations, but (without prejudice to the validity of anything done thereunder or to the making of a new order or regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the order or regulations are approved by a resolution of the Assembly.

4

Subsection (3) applies to—

a

regulations under section 16(3)(c), 17(1)(c), 28, 77 or 111;

b

the first regulations under section 3(2) or (6), 5(2) or (7), 7(4)(b) or (6) or 9(3)(b);

c

an order under section 28(9);

d

an order under section 114 amending or repealing any relevant statutory provision;

e

an order under paragraph 9(7) of Schedule 4.

5

This subsection applies to any regulations or orders made by the Department under this Act which—

a

but for subsection (6), would be subject to negative resolution, and

b

are contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

6

Any regulations or orders to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

7

In this section—

  • “the confirmatory procedure” means the procedure described in subsection (3);

  • “relevant statutory provision” means a statutory provision contained in—

    1. a

      an Act of the Parliament of Northern Ireland;

    2. b

      an Order in Council under Schedule 1 to the Northern Ireland Act 1974 (c. 28) or the Schedule to the Northern Ireland Act 2000 (c. 1);

    3. c

      an Act of the Assembly; or

    4. d

      an Act of the Parliament of the United Kingdom.